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State of Wisconsin |
HISTORY |
The policy on this page is from a previous version of the handbook.
When determining whether a possible CTS assistance group exists for any application, CARES configures a standard filing unit (SFU). This is a methodology for determining which members of a household must be taken into consideration when determining whether the non-financial and financial requirements of CTS are met. This methodology was first used when AFDC was available to residents of Wisconsin, and is used for CTS today, because CTS eligibility is built on the former requirements for the now defunct AFDC.
The SFU process will build a CTS case around a specific child, identifying the adults and other children who are also part of the CTS case and potentially able to garner CTS benefits that will be added to the parent’s SSI payment.
To establish the SFU, determine whether the household contains at least one SSI parent caring for at least one minor child. Often, several children fit this criterion in a single household, so identify the “target child” around whom the CTS case will be built. Use either one of the following choices to determine which child in a household should be the target child:
First Choice for Target Child: The oldest minor or dependent 18-year-old (see Section 3.1.10 Dependent 18-Year-Olds) child-in-common for parents in the household.
Second Choice for Target Child: The oldest child or dependent 18-year-old (see Section 3.1.10 Dependent 18-Year-Olds) of the person identified by CARES as the Primary Person, when there are no dependent children-in-common or the only dependent children-in-common receive SSI, themselves.
Whenever the Primary Person in a case does not have any dependent children, or when all of the primary person’s children receive SSI, it is not possible for a household to receive CTS.
The most typical family configuration seen among CTS applicants consists of a single parent with minor children or dependent 18-year-old offspring who meet the AFDC criteria for dependence. The second most common CTS family configuration occurs when two recipients of SSI live in a household with their minor children, some or all of whom do not receive SSI, themselves. There are many family configurations that include CTS recipients, however. See Section 5.4 Illustrations for twelve examples.
After determining the target child, the SFU process requires that the natural or adoptive parents of the target child are included in the filing unit, along with any minor siblings or half-siblings of the target child. Parents of half-siblings are also included in the filing unit. Finally, minor siblings who have been married, but whose marriages were annulled, are included in the filing unit.
Some members of a household are not included in the SFU. Currently married or divorced persons under the age of 18 are not considered minor children for CTS purposes and are not included in the SFU. Step-siblings, step-parents, any children of the target child, and all other relatives and non-relatives who live in the household are excluded from the SFU.
SSI parents are not permitted to voluntarily exclude any person from the SFU who would otherwise be automatically included. For instance, a parent may not opt to exclude a minor child who has income from wages from the SFU, when this income will cause the rest of the group to be income ineligible for CTS.
After determining which members of the household are in the SFU, determine which members are potentially eligible for CTS cash assistance. At this point, begin to refer to the people who have become members of the SFU as the assistance group, or "AG."
A CTS-eligible parent is a recipient of SSI who has met all financial and non-financial requirements for CTS. The CTS grant amount will include $0 for the parent, however. A CTS eligible child is a minor child or dependent 18-year-old who has met all financial and non-financial eligibility requirements for CTS. The CTS grant amount will include cash benefits for each eligible child. Any parent who is pregnant cannot be eligible for CTS benefits for the fetus until the child is born.
Parents in a CTS assistance group must be current recipients of SSI state supplemental benefit payments in Wisconsin. If the entire SSI payment is being recouped, the parent does not qualify as a CTS parent. CTS parents may be eligible for both federal and Wisconsin State Supplemental SSI payments (SSP) or for SSP payments only, as a Grandfathered State-Only SSI Recipient. When both parents of any CTS eligible child are in the home, both must be receiving SSI in Wisconsin as a condition of CTS eligibility.
SSI or CTS benefits cannot be paid for any month to any federal SSI recipient whose state of jurisdiction is not Wisconsin. If the federal Social Security Administration (SSA) has classified the parent(s)' SSI as within the jurisdiction of Wisconsin and has sent this status to DHS via federal/state SSI data exchange, the child may be eligible for CTS.
Eligibility for federal SSDI benefits or Medicaid under s. 1619(b) of the Social Security Act, does not qualify a parent as a CTS parent.
Children receiving SSI are not eligible for CTS. However, any child who formerly received SSI and has appealed the termination of SSI (without continuation of cash benefits pending the outcome of the appeal) may be eligible for CTS, even though their Medicaid under SSI has continued. A child who receives Medicaid under s. 1619(b) may be eligible for CTS, because they did not receive SSI cash benefits.
Any person who is not a U.S. citizen must meet one of the following criteria to be potentially eligible for CTS:
Be lawfully admitted to the U.S. for permanent residence
Be lawfully present in the U.S. pursuant to 8USC 1153, 1157, 1158, 1160 and 1182
Be granted lawful temporary resident status under 8 USC 1161 or 1255a and be:
Be otherwise permanently residing in the U.S. under the color of law (PRUCOL), with evidence of approved PRUCOL status. Lawfully admitted aliens who are not eligible for CTS because they are here temporarily include tourists, visitors, students and diplomats.
Parents and children must be physically present and intend to reside in Wisconsin to be eligible for CTS.
Parent and children, must reside together in a qualified living arrangement. The following are CTS qualified arrangements:
Independent home, apartment or mobile home
Shelter for battered woman/ domestic abuse
Homeless
Hospital, short term
Section 202/236 housing
Community- Based Residential Facilities (CBRFs)
| Note: | People who are incarcerated in jail or prison are not in a CTS qualified living arrangement and not eligible for CTS with one exception. Huber Law prisoners who are released from jail to provide care for their children can be eligible for CTS. |
Huber Law prisoners who are released for a purpose other than attending to the needs of their children are not eligible for CTS.
Unlike some other programs of public assistance, CTS does not allow eligibility in cases where parents or children are temporarily absent from the home.
Household relationships are a key component of CTS eligibility. SSI parents must be caring for their own children, by birth or adoption, to qualify for CTS. This means that the parent resides with the child and provides the majority of physical care and financial support and functions in the parental role. When two SSI parents live with their children in common, only one of these parents may be identified as the parent who is caring for their children. When an SSI recipient is a minor parent who resides with their child and there are adults in the household, the minor parent must be the person caring for the child; not the adults in the household.
When custody of a child is shared between parents, the parent with whom the child resides the majority of the time is identified as caring for the child for CTS purposes.
When the natural or adoptive parents of a child do not live together, and have joint custody (through a mutually agreed upon arrangement or court order) and you cannot determine who the child is living with the majority of the time, act on the CTS case as follows:
Determine if the agreement or court order awarding joint custody designates a “primary caretaker.” A parent designated as the primary caretaker is the primary person.
If one parent is not designated, ask the parents to decide which one is the “primary caretaker.” If they decide within the 30-day processing, act on the application as based on what they decided.
If no decision is made within the 30 days of the application date, review the parents’ activities and responsibilities to determine which parent is the primary caretaker. Use the following list:
This list is not exclusive, and there may be situations where you find additional criteria to apply.
There are cases in which these questions may be answered positively for both parents. However, in reviewing parental responsibilities and roles, usually you will find one parent more often identified. Identify this parent as the primary person for determining eligibility.
Document your decision in the case record.
CTS-eligible children must either be minors under age 18 or dependent 18-year-olds. A dependent 18-year-old is an 18-year-old who:
The 18-year-old does not have to be enrolled full time in high school in order to be considered a dependent 18-year-old. When a dependent 18-year-old is home-schooled, the parent must provide written documentation of expected graduation date from the home-schooling association or agency. It is irrelevant to CTS eligibility whether minor children are enrolled in school.
Children who graduate from high school before they are 18 years old may remain eligible until they turn 18.
To prevent unnecessary CTS payment termination when a child turns 18, request verification of school enrollment and expected date of graduation at the renewal when the child is still 17.
Each member of any CTS household must provide their Social Security Number (SSN) as a condition of eligibility.
However, CTS eligibility may not be delayed if the individual is otherwise eligible for benefits and any of the following are true:
If an application for an SSN has been filed with SSA, an SSN must be provided by the time of the next Caretaker Supplement renewal for the case, or eligibility will be terminated. In addition, if eligibility for another program pends for provision of an SSN and the SSN application date on file is six months old or older, eligibility for Caretaker Supplement will also pend. Members will be given a minimum of 10 days to provide an SSN, but if they do not, Caretaker Supplement eligibility will be terminated.
When an infant is added to the household, either by birth or adoption, either the SSN or proof that an application for an SSN for the infant must be provided to the IM agency prior to the date the infant reaches 6 months of age.
Unless the parent is exempt or has good cause for refusal to cooperate (see Section 3.1.12.1 Exemption from Cooperation and 3.1.12.3 Claiming Good Cause), they must, as a condition of eligibility, cooperate in both of the following:
Cooperation includes any relevant and necessary action to achieve the above. As a part of cooperation, the applicant may be required to:
If the parent does not cooperate or discontinues cooperation without good cause, CTS eligibility will be ended for the entire family. When a CTS- eligible parent has children who have different absent parents, the CTS-eligible parent must cooperate with the child support agency in regard to each child’s absent parent.
The caretaker relative is exempt from the requirement to cooperate and exempt from any sanction for non-cooperation if:
The Child Support Agency (CSA) determines if there is non-cooperation for people required to cooperate. The IM agency determines if good cause exists and whether the parent is exempt. If there is a dispute, the CSA makes the final determination of cooperation while the IM agency makes the final determination of exemptions or good cause. The entire family remains ineligible until the parent cooperates or establishes good cause or their cooperation is no longer required.
Any parent who is required to cooperate in establishing paternity and obtaining child support may claim good cause. they must do the following to make the claim:
At application or a new request for CTS on an existing case, the Income Maintenance (IM) agency must provide a Child Support Cooperation & Good Cause notice (DCF-P-5600) to parents whenever a child with an absent parent is part of the CTS application or case unless the paper notice has already been provided by another program, for example, BadgerCare Plus. The Child Support Cooperation & Good Cause notice describes the parent's right to refuse to cooperate for good cause in establishing paternity and securing child support.
The IM agency must also send this notice to the member in situations where a parent leaves the home, resulting in a child on the case now having an absent parent.
The CSA refers anyone who wants to claim good cause back to the IM agency for a determination of whether or not good cause exists.
The Good Cause Claim form (DCF-F-DWSP 2019) must be provided to any CTS parent who requests one. It describes the circumstances that support a claim and how to document a claim.
The parent must sign and date the Good Cause Claim form in order to initiate the claim. The IM agency must send a copy of the submitted Good Cause Claim form to the parent upon request.
Within two business days of a Good Cause Claim being received by the IM agency, the IM worker must enter into the case record and inform the CSA that a good cause claim has been filed. When the CSA is informed of a claim, they will immediately suspend all activities to establish paternity or secure child support until notified of the IM agency’s final determination.
The IM agency must determine whether or not cooperation is against the best interests of the child. Cooperation is waived only if one of the following is true:
An initial good cause claim may be based only on evidence in existence at the time of the claim. There is no limit to the age of the evidence. Once a final determination is made, including any fair hearing decision, any subsequent claim must be based on new evidence.
The following may be used as evidence:
When a claim is based on emotional harm to the child or the parent, the IM agency must consider all of the following:
If the parent submits only one piece of evidence or inclusive evidence, you may refer them to a mental health professional for a report relating to the claim.
When a claim is based on their undocumented statement that the child was conceived as a result of incest or sexual assault, it should be reviewed as one based on emotional harm.
The parent has 20 days, from the date the claim is signed, to submit evidence. The IM agency, with supervisory approval, may determine that more time is needed.
There must be at least one document of evidence, in addition to any sworn statements from the parent.
The IM agency should encourage the provision of as many types of evidence as possible and offer any assistance necessary in obtaining necessary evidence.
When insufficient evidence has been submitted:
If the parent continues to refuse to cooperate or the evidence is still insufficient, a 10-day notice must be sent informing the parent that, if no further action is taken within 10 days from the notification date, good cause will not be found and that they may first:
If no option above has been taken when the 10 days have expired, the IM worker will terminate CTS. The sanctions remain in effect until there is cooperation or until it is no longer required.
The IM agency must investigate all claims based on anticipated physical harm when one of the following situations exists:
Good cause must be granted when both the parent's statement and the investigation satisfies the worker that they have good cause.
Any claim must be investigated when the parent's statement, together with any corroborative evidence, does not provide a sufficient basis for a determination.
In the course of the investigation, neither the IM agency nor the CSA may contact the absent parent or alleged father without first notifying the parent of the agency's intention. Once notified, the parent has 10 days from the notification date to do one of the following:
If the 10 days have expired and no option has been taken, the IM agency will terminate CTS and the case shall remain ineligible for CTS until there is cooperation or until it is no longer an issue.
The IM staff must determine whether or not there is good cause. This should be done within 45 days from the date a claim is signed. The time may be extended if it is documented in the case record that additional time is necessary because:
The good cause determination and all evidence submitted should be filed in the case record along with a statement on how the determination was reached.
If there is no evidence or verifiable information available that suggests otherwise, it must be concluded that an alleged refusal to cooperate was, in fact, a case of cooperation to the fullest extent possible.
If the parent is cooperating in furnishing evidence and information, do not deny, delay, or discontinue CTS pending the determination.
If a fair hearing is requested on a good cause determination, CTS benefits are continued until the decision is made.
The 45-day period for determining good cause is not used to extend an eligibility determination. The 30-day limit on processing an application is still a requirement.
The IM worker must notify the parent in writing of the final determination and of the right to a fair hearing and send the CSA a copy. The CSA may also participate in any fair hearing.
When good cause is granted, the IM worker must direct the CSA to not initiate any or to suspend all further case activities.
However, when the CSA's activities, without the parent's participation, are reasonably anticipated to not result in physical or emotional harm, the IM agency must:
The IM agency determination to proceed without the parent's participation must be in writing. Include your findings and the basis for the determination. File it in the case record.
When good cause is not granted, the IM agency must notify the parent. It must be stated in the notice that the parent has 10 days from the notification date to do one of the following:
If the 10 days have expired, no option has been taken, and the parent is in non-cooperation status, the IM agency must terminate the family’s CTS eligibility. Ineligibility continues until there is cooperation or it is no longer an issue.
The IM agency does not have to review determinations based on permanent circumstances. Review good cause determinations that were based on circumstances subject to change at redetermination and when there is new evidence.
The parent must be notified when it is determined that good cause no longer exists. It must be stated in the notice that he or she has 10 days from the notification date to do one of the following:
If the 10 days have expired and no option has been taken, the IM agency must terminate the family’s CTS eligibility. The family remains ineligible for CTS until there is cooperation or until it is no longer an issue.
CTS benefits cannot be paid to an SSI parent for the same month for which the parent participated in W-2 and received W-2 cash benefits. Receipt of W-2 benefits is defined as the month in which the parent is participating in, and eligible for, W-2 services, regardless of when the parent will receive the payment for that month. Similarly, CTS benefits may not be paid to an SSI parent for a month in which a grandparent or other non-legally responsible relative received Kinship Care benefits for caring for a potential CTS eligible child. CTS parents may receive a final W-2 payment and CTS payment for their child(ren) in the same month since W-2 payments are made after participation in W-2 services.
| Example: | Sally’s W-2 participation ended on March 10 when she received notification of SSI eligibility. Even though her final W-2 payment will be received in April, it is for participation in February/March, so Sally’s child is eligible for CTS starting in April. |
CTS applicants and members must provide verification when requested in order for an IM agency to process an application or review of eligibility for CTS. The verification requirement applies to both non-financial and financial information. Failure to provide such verification will result in denial or termination of CTS benefits. Applicants and members must be given a minimum of 20 days to provide requested verification.
The following information must be verified by applicants or members or through data exchanges when CTS eligibility is being determined:
| Note: |
To be eligible for CTS, a person declaring U.S. citizenship must provide proof of citizenship with two exceptions to this requirement:
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General Rules for Verification
The applicant or member has primary responsibility for providing verification and resolving questionable information.
IM agencies must assist the applicant or member in obtaining verification if they request help or have difficulty in obtaining it.
The best information available should be used to process the application or change within the time limit when both of the following two conditions exist:
Applicants meeting the CTS eligibility criteria based on this best available information are eligible for benefits. Even after the application or change is processed using best available information, the IM agency is required to continue in their attempts to obtain verification. When the verification is received, benefits may need to be adjusted or recovered based on the new information. The agency must explain this to the applicant or member when requesting verification.
This page last updated in Release Number: 23-02
Release Date: 08/14/2023
Effective Date: 08/14/2023
The information concerning the Caretaker Supplement program provided in this handbook release is published in accordance with Section 49.775 of the Wisconsin Statutes and Chapters HA 3 and DHS 2 of the Wisconsin Administrative Code.
Notice: The content within this manual is the sole responsibility of the State of Wisconsin's Department of Health Services (DHS). This site will link to sites outside of DHS where appropriate. DHS is in no way responsible for the content of sites outside of DHS.
Publication Number: P-23131