(1) INITIAL ASSESSMENT. The W-2 agency shall
make an initial assessment of the skills, prior work experience, and
employability of each applicant prior to placement in a W-2 employment
position.
(2) EMPLOYABILITY PLAN.
The FEP shall, in consultation with the W-2 participant, develop a written
employability plan for a W-2 participant which includes the participant's W-2
employment position placement, required activities under s. DCF 101.16, and an
identified unsubsidized employment goal. As part of employability planning, the
W-2 agency shall administer a functional screening developed by the department.
One of the purposes of the screening shall be to determine whether a formal
assessment is necessary. The development of the employability plan shall take
into consideration any screening or formal assessment results. A W-2
participant may refuse to participate in the functional screening without
sanction. Participation in the functional screening may not be a condition of
eligibility for a W-2 participant. Nothing in this subsection may be construed
to limit the ability of a W-2 agency to require a W-2 participant to comply
with ss. DCF 101.08 and 101.09 or required activities under s. DCF 101.16.
(3) DOMESTIC ABUSE.
(a)
Domestic abuse
definition. For purposes of this section, "domestic abuse" means any
of the following acts that affect the individual and are engaged in by a spouse
or former spouse, an adult with whom the individual has or had a dating
relationship, an adult with whom the person has a child in common, an adult or
minor family member, or an adult or minor with whom the person resides or
formerly resided:
1. Physical acts that result
in pain, illness, or injury.
2.
Sexual abuse or sexual assault.
3.
Threats of, or attempts at, physical or sexual abuse.
4. Emotional or mental abuse.
5. Verbal abuse.
6. Deprivation or destruction of physical or
economic resources.
7. Neglect or
deprivation of medical care.
8.
Forced isolation.
9. Stalking or
harassment.
(b)
Screening.
1. As part of the
initial employability planning process, the W-2 agency shall administer a
screening to assess the potential that the individual is or has been a victim
of domestic abuse or is at risk of further domestic abuse, unless the applicant
has voluntarily disclosed the information pursuant to subd. 3.
2. If a W-2 participant was not screened
during the participant's initial employability planning process, a W-2 agency
shall administer a screening to assess the potential that an individual is or
has been a victim of domestic abuse or is at risk of further domestic abuse at
the participant's next review or at the time of the participant's next change
of employment placement, whichever is sooner.
3. A W-2 agency shall allow an individual to
voluntarily and confidentially disclose that the individual is or has been a
victim of domestic abuse or is at risk of further domestic abuse.
4. A W-2 agency may also administer a
domestic abuse screening to a W-2 participant at any time that the participant
requests it or if the agency worker has reason to believe that the participant
may need domestic abuse services.
5. A W-2 agency employee shall attend the
department's 12-hour training on domestic abuse pursuant to s. DCF 103.03 (3)
or 103.04 (2) prior to administering a domestic abuse screening under subds.
1., 2., or 4.
(c)
Information and referral.
1.
If a W-2 agency identifies an individual as a past or present victim of
domestic abuse or determines that the individual is at risk of domestic abuse
or if the individual identifies himself or herself as a past or present victim
of domestic abuse or as an individual who is at risk of further abuse, the W-2
agency shall provide the individual with information on community-based
domestic abuse services.
2. The
evidence that is sufficient to establish that an individual is or has been a
victim of domestic abuse or is at risk of further domestic abuse shall be a
positive identification on the department-provided screening instrument or a
voluntary disclosure of the information by the participant.
3. The information that a W-2 agency gives to
an individual on community-based domestic abuse services shall be:
a. Provided orally and in writing.
b. Current and updated as
necessary.
c. Culturally
appropriate for the individual participant.
d. Provided in languages other than English
as appropriate in accordance with the W-2 contract requirements under s.
49.143(2),
Stats.
4. The information
that a W-2 agency provides to an individual on community-based domestic abuse
services shall include information on local providers of the following domestic
abuse services:
a. Law enforcement for
immediate protection.
b. Shelters
or programs for battered individuals.
c. Sexual assault provider
services.
d. Medical services and
counseling.
e. Sexual assault nurse
examiners services.
f. Domestic
abuse and sexual assault hotlines.
g. Legal counseling and advocacy.
h. Mental health care.
i. Counseling.
j. Support groups.
5. If the individual elects to receive
counseling or supportive services, the W-2 agency shall provide appropriate
community-based referrals to the individual.
(d)
Voluntary participation.
A W-2 participant may refuse to be screened for domestic abuse or may refuse
information on or referrals to community-based domestic abuse services without
sanction. Participation in the domestic abuse screening and information and
referral process may not be a condition of eligibility for a W-2
participant.
