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Wisconsin Department of Children and Families Wisconsin Works (W-2) Manual |
11.3.3.1 Child Care Availability
11.3.3.1.1 Determining Availability of Child Care
11.3.3.1.2 Demonstrating an Inability to Obtain Child Care
11.3.3.2 Death of an Immediate Family Member
The good cause reasons for failing to comply with the W-2 assigned activities are:
Any required court appearance including a required court appearance for a victim of domestic abuse.
Inability to obtain child care that is necessary for the W-2 participant to participate or accept employment, but is unavailable and the W-2 agency was unable to provide or refer for alternate child care arrangements.
Lack of transportation with no reasonable alternative, as determined by the FEP. In determining the reasonableness of transportation alternatives, FEPs should consider factors such as the length of commute, participant safety, cost of transportation in relationship to income, and any other relevant factors.
Participant or W-2 Group member’s illness, injury, or disability or incapacity. It is expected that a participant will need to remain home occasionally to care for an ill child who has to miss school or daycare or a participant will need to miss an assigned activity due to an unexpected illness or a documented chronic illness, e.g., chronic asthma, panic attacks, disabled child, child with behavioral problems, etc.
Accommodations identified in a formal assessment are not available to complete the assigned activity.
Conflict with another assigned W-2 activity or job search attempts.
Inclement weather that impedes transportation or travel or is unhealthy to be out in (e.g., air quality advisories).
School emergency.
Domestic violence issues as defined in Wisconsin Administrative Rule DCF 101.15(3).
Death in immediate family. (See 11.3.3.2)
Observance of a religious holiday.
Routine medical or school appointments, which cannot be scheduled at times other than during assigned activities.
Child’s school holiday with the exception of summer break.
Any day that the worksite or training site is closed due to a site-specific holiday, e.g., days closed surrounding Christmas, closure the day after Thanksgiving, etc.
Other circumstances beyond the control of the participant, but only as determined by the FEP.
11.3.3.1 Child Care Availability
A single parent placed in a W-2 Employment Position cannot be sanctioned for nonparticipation in any W-2 activities during a period of time when they are unable to obtain child care for a child under the age of 13.
If child care is only available to the participant during specific hours of the day or days of the week, the W-2 agency must make every effort to assign work activities during those hours.
A participant who needs to secure child care arrangements in order to participate in W-2 activities should be assigned the task of securing child care as part of their participation requirements on their Employability Plan (EP).
The W-2 activity code associated with this activity is Child Care Related Activities (CC). See W-2 Activity Code Appendix.
The participant should initially be assigned the CC activity for no less than five working days and no more than ten working days to communicate the importance of obtaining child care. If the participant is not successful in obtaining needed child care by the end date of the CC activity, the worker must review the individual’s circumstances to determine if the participant has demonstrated an inability to obtain child care. (See 11.3.3.1.2)
If the participant has demonstrated an inability to obtain child care, the worker must grant good cause for all nonparticipation, until:
Child care is obtained; or
The participant no longer demonstrates an inability to obtain child care.
Until child care is obtained (whether good cause is being granted or not):
The CC activity must remain assigned on the EP;
The worker must continue regular check-ins; and
The participant must continue to pursue any possible available child care leads.
EXAMPLE: Jackie applied for W-2 and was placed in a CSJ. Her FEP develops the EP with Jackie and assigns Child Care Related Activities (CC) as well as 10 hours per week of GED classes and 10 hours of structured job search. Jackie’s FEP gives her five working days to find child care and connects Jackie to the local Child Care Resource and Referral Network (CCRR). After five working days, Jackie meets with her FEP to discuss her progress and explains that she has not secured child care and did not follow up with the referrals she received from CCRR. Jackie’s FEP calls the CCRR with Jackie and verifies that child care slots are still available in a licensed child care facility, within a reasonable distance from Jackie’s home, and that there is no documentation that the facility would be harmful to the health or safety of her children. The FEP informs Jackie that because she cannot demonstrate an inability to obtain child care, she is no longer eligible for good cause due to lack of child care and that any future missed activities will result in a payment reduction for the hours missed. The FEP encourages Jackie to secure child care as quickly as possible so that she can participate in these assigned activities. |
11.3.3.1.1 Determining Availability of Child Care
In order to determine if child care is available, a W-2 worker must discuss child care with each participant at the time of the initial assessment and during the review of the W-2 Participation Agreement.
To help the participant locate a child care provider, a W-2 worker must:
Explain to the participant their responsibility to obtain any needed child care for the hours of participation in W-2.
Determine if informal child care, or formal child care within a reasonable distance from the participant’s home, is available. Informal child care arrangements may be discussed, but a participant cannot be required to use an informal child care arrangement. If another parent is in the home, able, and available to care for the child, child care is not needed.
Provide information to the applicant or participant about eligibility for W-2 child care assistance and the requirement for the provider to, at a minimum, be provisionally certified to qualify for assistance. (See Child Care Policy Manual)
If the participant does not currently have child care available, refer the individual to the local Child Care Resource and Referral Network (CCRR), which is available to help all parents locate safe and affordable child care throughout the state, and other child care resources in the community. If the referrals do not result in the participant locating child care, the W-2 agency may require the individual to demonstrate an inability to obtain child care. (See 11.3.3.1.2)
If available, offer the use of the W-2 agency on-site child care to the parent until an ongoing child care arrangement is found. A W-2 on-site child care provider must be regulated in order for the parent to leave the premises.
Discuss the availability of backup child care arrangements to help the participant plan ahead for emergency situations when their regular provider is unable to care for the child(ren) or when their child is sick and cannot attend their regular child care program.
11.3.3.1.2 Demonstrating an Inability to Obtain Child Care
An inability to obtain child care must be based on the following reasons:
Child Care Type |
Reason |
Formal Child Care: Provided by a certified or licensed child care facility. |
• Child care is not available in a reasonable distance*. • Child care facilities in the area do not have space available for the child. • Certified or licensed child care facilities, including a W-2 agency with certified or licensed on-site child care, must not be considered available if there is documentation that the facility would be harmful to the health or safety of the child. |
Informal Child Care: An arrangement where the child care provider is not licensed or certified. |
• Child care by a relative or under other arrangements is unavailable or unsuitable. Any W-2 participant can use informal child care, but a participant cannot be required to use informal child care. (See Child Care Policy Manual, Chapter 1) |
The FEP will work with the participant to determine what a reasonable distance is on a case-by-case level. The FEP must document the decision that is made and reason(s) in PIN comments.
If the participant is unable to demonstrate an inability to obtain child care, they may face payment reductions for nonparticipation.
An inability to obtain appropriate child care may be indicative of a shortage of child care providers in the community (including sick child care, evening and weekend care, culturally competent child care, and care for disabled children) and W-2 agency management should be alerted.
11.3.3.2 Death of an Immediate Family Member
A participant may be granted up to three working days of good cause if there is a death of an immediate family member. FEPs may grant good cause for up to seven working days if travel for funeral services is required or to accommodate cultural tradition.
Immediate family is defined as the participant’s:
Spouse;
Non-marital co-parents;
Parents, step-parents, and foster parents;
Children, step-children, and foster children;
Grandparents;
Grandchildren;
Siblings and their spouses;
Aunts or uncles;
Sons-in-law and daughters-in-law;
Cousins;
Nieces and nephews of the participant or their spouse or non-marital co-parent; and
Other relatives of the participant or their spouse or non-marital co-parent if these other relatives reside in the same household as the participant.
History: Release 24-11; Release 24-07; Release 21-07; Release 12-03; Release 11-04; Release 11-01.