SF 154

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; modifying several MFIP and child care provisions;
amending Minnesota Statutes 2006, sections 119B.09, subdivision 1; 119B.12,
subdivision 2, by adding a subdivision; 256J.24, subdivision 5; 256J.425,
subdivisions 3, 4; 256J.49, subdivision 13; 256J.53, subdivision 2; repealing
Minnesota Statutes 2006, sections 256B.0631; 256J.24, subdivision 6; 256J.37,
subdivisions 3a, 3b.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 119B.09, subdivision 1, is amended to read:

Subdivision 1.

General eligibility requirements for all applicants for child
care assistance.

(a) Child care services must be available to families who need child
care to find or keep employment or to obtain the training or education necessary to find
employment and who deleted text begin :
deleted text end

deleted text begin (1) deleted text end have household income less than or equal to deleted text begin 250 percent of the federal poverty
guidelines deleted text end deleted text begin , adjusted for family size, and meet the deleted text end deleted text begin requirements of section deleted text end deleted text begin ;
deleted text end deleted text begin receive MFIP assistance deleted text end deleted text begin ; deleted text end deleted text begin and are participating in deleted text end deleted text begin employment and training services under
chapter 256J or 256K deleted text end deleted text begin ; or
deleted text end

deleted text begin (2) have household income less than or equal to 175 percent of the federal poverty
guidelines, adjusted for family size, at program entry and less than 250 percent of the
federal poverty guidelines, adjusted for family size, at program exit deleted text end new text begin 75 percent of the
state median income new text end .

(b) Child care services must be made available as in-kind services.

(c) All applicants for child care assistance and families currently receiving child care
assistance must be assisted and required to cooperate in establishment of paternity and
enforcement of child support obligations for all children in the family as a condition
of program eligibility. For purposes of this section, a family is considered to meet the
requirement for cooperation when the family complies with the requirements of section
256.741.

Sec. 2.

Minnesota Statutes 2006, section 119B.12, subdivision 2, is amended to read:

Subd. 2.

Parent fee.

A family must be assessed a parent fee for each service period new text begin
according to the schedule under subdivision 3 new text end . deleted text begin A family's parent fee must be a fixed
percentage of its annual gross income. deleted text end Parent fees must apply to families eligible for child
care assistance under sections 119B.03 and 119B.05. Income must be as defined in section
119B.011, subdivision 15. The fixed percent is based on the relationship of the family's
annual gross income to deleted text begin 100 percent of the annual federal poverty guidelines. Parent fees
must begin at 75 percent of the poverty level. The minimum deleted text end new text begin the state median income,
however, for incomes below 100 percent of the poverty level, there are no fees for incomes
at 74 percent of the poverty level and below, and the new text end parent fees for families between 75
percent and 100 percent of poverty level must be deleted text begin $10 deleted text end new text begin $5 new text end per month. Parent fees deleted text begin must
provide for graduated movement to full payment deleted text end new text begin for incomes above 100 percent of the
poverty level must be assessed according to the schedule under subdivision 3 new text end . Payment of
part or all of a family's parent fee directly to the family's child care provider on behalf
of the family by a source other than the family shall not affect the family's eligibility for
child care assistance, and the amount paid shall be excluded from the family's income.
Child care providers who accept third-party payments must maintain family specific
documentation of payment source, amount, and time period covered by the payment.

Sec. 3.

Minnesota Statutes 2006, section 119B.12, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Co-payment fee for families with annual incomes that exceed the
federal poverty level. new text end

new text begin The monthly family co-payment fee for families with annual
incomes greater than the federal poverty level, adjusted for family size, is determined
as follows.
new text end

new text begin (a) The family's annual gross income is converted into a percentage of state median
income (SMI) for a family of four, adjusted for family size, by dividing the family's annual
gross income by 100 percent of the SMI for a family of four, adjusted for family size. The
percentage must be carried out to the nearest 100th of a percent.
new text end

new text begin (b) If the family's annual gross income is less than or equal to 75 percent of the
SMI for a family of four, adjusted for family size, the family's monthly co-payment fee
is the fixed percentage established for the family's income range in clauses (1) to (60),
multiplied by the highest possible income within that income range, divided by 12, and
rounded to the nearest whole dollar.
new text end

new text begin (1) less than 35.01 percent of SMI -- 2.20%
new text end

new text begin (2) 35.01 to 42.00 percent of SMI -- 2.70%
new text end

new text begin (3) 42.01 to 43.00 percent of SMI -- 3.75%
new text end

new text begin (4) 43.01 to 44.00 percent of SMI -- 4.00%
new text end

new text begin (5) 44.01 to 45.00 percent of SMI -- 4.25%
new text end

new text begin (6) 45.01 to 46.00 percent of SMI -- 4.50%
new text end

new text begin (7) 46.01 to 47.00 percent of SMI -- 4.75%
new text end

new text begin (8) 47.01 to 48.00 percent of SMI -- 5.00%
new text end

new text begin (9) 48.01 to 49.00 percent of SMI -- 5.25%
new text end

new text begin (10) 49.01 to 50.00 percent of SMI -- 5.50%
new text end

new text begin (11) 50.01 to 50.50 percent of SMI -- 5.75%
new text end

new text begin (12) 50.51 to 51.00 percent of SMI -- 6.00%
new text end

new text begin (13) 51.01 to 51.50 percent of SMI -- 6.25%
new text end

new text begin (14) 51.51 to 52.00 percent of SMI -- 6.50%
new text end

new text begin (15) 52.01 to 52.50 percent of SMI -- 6.75%
new text end

new text begin (16) 52.51 to 53.00 percent of SMI -- 7.00%
new text end

new text begin (17) 53.01 to 53.50 percent of SMI -- 7.25%
new text end

new text begin (18) 53.51 to 54.00 percent of SMI -- 7.50%
new text end

new text begin (19) 54.01 to 54.50 percent of SMI -- 7.75%
new text end

new text begin (20) 54.51 to 55.00 percent of SMI -- 8.00%
new text end

new text begin (21) 55.01 to 55.50 percent of SMI -- 8.30%
new text end

new text begin (22) 55.51 to 56.00 percent of SMI -- 8.60%
new text end

new text begin (23) 56.01 to 56.50 percent of SMI -- 8.90%
new text end

new text begin (24) 56.51 to 57.00 percent of SMI -- 9.20%
new text end

new text begin (25) 57.01 to 57.50 percent of SMI -- 9.50%
new text end

new text begin (26) 57.51 to 58.00 percent of SMI -- 9.80%
new text end

new text begin (27) 58.01 to 58.50 percent of SMI -- 10.10%
new text end

new text begin (28) 58.51 to 59.00 percent of SMI -- 10.40%
new text end

new text begin (29) 59.01 to 59.50 percent of SMI -- 10.70%
new text end

new text begin (30) 59.51 to 60.00 percent of SMI -- 11.00%
new text end

new text begin (31) 60.01 to 60.50 percent of SMI -- 11.30%
new text end

new text begin (32) 60.51 to 61.00 percent of SMI -- 11.60%
new text end

new text begin (33) 61.01 to 61.50 percent of SMI -- 11.90%
new text end

new text begin (34) 61.51 to 62.00 percent of SMI -- 12.20%
new text end

new text begin (35) 62.01 to 62.50 percent of SMI -- 12.50%
new text end

new text begin (36) 62.51 to 63.00 percent of SMI -- 12.80%
new text end

new text begin (37) 63.01 to 63.50 percent of SMI -- 13.10%
new text end

new text begin (38) 63.51 to 64.00 percent of SMI -- 13.40%
new text end

new text begin (39) 64.01 to 64.50 percent of SMI -- 13.70%
new text end

new text begin (40) 64.51 to 65.00 percent of SMI -- 14.00%
new text end

new text begin (41) 65.01 to 65.50 percent of SMI -- 14.30%
new text end

new text begin (42) 65.51 to 66.00 percent of SMI -- 14.60%
new text end

new text begin (43) 66.01 to 66.50 percent of SMI -- 14.90%
new text end

new text begin (44) 66.51 to 67.00 percent of SMI -- 15.20%
new text end

new text begin (45) 67.01 to 67.50 percent of SMI -- 15.50%
new text end

new text begin (46) 67.51 to 68.00 percent of SMI -- 15.80%
new text end

new text begin (47) 68.01 to 68.50 percent of SMI -- 16.10%
new text end

new text begin (48) 68.51 to 69.00 percent of SMI -- 16.40%
new text end

new text begin (49) 69.01 to 69.50 percent of SMI -- 16.70%
new text end

new text begin (50) 69.51 to 70.00 percent of SMI -- 17.00%
new text end

new text begin (51) 70.01 to 70.50 percent of SMI -- 17.30%
new text end

new text begin (52) 70.51 to 71.00 percent of SMI -- 17.60%
new text end

new text begin (53) 71.01 to 71.50 percent of SMI -- 17.90%
new text end

new text begin (54) 71.51 to 72.00 percent of SMI -- 18.20%
new text end

new text begin (55) 72.01 to 72.50 percent of SMI -- 18.50%
new text end

new text begin (56) 72.51 to 73.00 percent of SMI -- 18.80%
new text end

new text begin (57) 73.01 to 73.50 percent of SMI -- 19.10%
new text end

new text begin (58) 73.51 to 74.00 percent of SMI -- 19.40%
new text end

new text begin (59) 74.01 to 74.50 percent of SMI -- 19.70%
new text end

new text begin (60) 74.51 to 75.00 percent of SMI -- 20.00%
new text end

Sec. 4.

Minnesota Statutes 2006, section 256J.24, subdivision 5, is amended to read:

Subd. 5.

MFIP transitional standard.

new text begin (a) new text end The MFIP transitional standard is based
on the number of persons in the assistance unit eligible for both food and cash assistance
unless the restrictions in subdivision 6 on the birth of a child apply. The following table
represents the transitional standards effective October 1, 2004.

Number of Eligible People

Transitional Standard

Cash Portion

Food Portion

1	$379:	$250	$129
2	$675:	$437	$238
3	$876:	$532	$344
4	$1,036:	$621	$415
5	$1,180:	$697	$483
6	$1,350:	$773	$577
7	$1,472:	$850	$622
8	$1,623:	$916	$707
9	$1,772:	$980	$792
10	$1,915:	$1,035	$880
over 10	add $142:	$53	$89
per additional member.

The commissioner shall annually publish in the State Register the transitional
standard for an assistance unit sizes 1 to 10 including a breakdown of the cash and food
portions.

new text begin (b) The commissioner shall increase the existing transitional standard by ten percent
effective July 1, 2007, to be distributed in the cash portion of the grant.
new text end

Sec. 5.

Minnesota Statutes 2006, section 256J.425, subdivision 3, is amended to read:

Subd. 3.

Hard-to-employ participants.

An assistance unit subject to the time
limit in section 256J.42, subdivision 1, is eligible to receive months of assistance under
a hardship extension if the participant who reached the time limit belongs to any of the
following groups:

(1) a person who is diagnosed by a licensed physician, psychological practitioner,
or other qualified professional, as developmentally disabled or mentally ill, and that
condition prevents the person from obtaining or retaining unsubsidized employment;

(2) a person who:

(i) has been assessed by a vocational specialist or the county agency to be
unemployable for purposes of this subdivision; or

(ii) has an IQ below 80 who has been assessed by a vocational specialist or a county
agency to be employable, but not at a level that makes the participant eligible for an
extension under subdivision 4. The determination of IQ level must be made by a qualified
professional. In the case of a non-English-speaking person: (A) the determination must
be made by a qualified professional with experience conducting culturally appropriate
assessments, whenever possible; (B) the county may accept reports that identify an
IQ range as opposed to a specific score; (C) these reports must include a statement of
confidence in the results;

(3) a person who is determined by a qualified professional to be learning disabled,
and the disability severely limits the person's ability to obtain, perform, or maintain
suitable employment. For purposes of the initial approval of a learning disability
extension, the determination must have been made or confirmed within the previous 12
months. In the case of a non-English-speaking person: (i) the determination must be made
by a qualified professional with experience conducting culturally appropriate assessments,
whenever possible; and (ii) these reports must include a statement of confidence in the
results. If a rehabilitation plan for a participant extended as learning disabled is developed
or approved by the county agency, the plan must be incorporated into the employment
plan. However, a rehabilitation plan does not replace the requirement to develop and
comply with an employment plan under section 256J.521; deleted text begin or deleted text end

(4) a person who has been granted a family violence waiver, and who is complying
with an employment plan under section 256J.521, subdivision 3 new text begin ; or
new text end

new text begin (5) a participant who falls under section 256J.561, subdivision 2, paragraph (d), who
is complying with an employment plan tailored to recognize the special circumstances of
the caregivers and family, including limitations due to illness or disability, and caregiving
needs new text end .

Sec. 6.

Minnesota Statutes 2006, section 256J.425, subdivision 4, is amended to read:

Subd. 4.

Employed participants.

(a) An assistance unit subject to the time limit
under section 256J.42, subdivision 1, is eligible to receive assistance under a hardship
extension if the participant who reached the time limit belongs to:

(1) a one-parent assistance unit in which the participant is participating in work
activities for at least 30 hours per week deleted text begin , of which an average of at least 25 hours per week
every month are spent participating in employment deleted text end ;

(2) a two-parent assistance unit in which the participants are participating in work
activities for at least 55 hours per week deleted text begin , of which an average of at least 45 hours per week
every month are spent participating in employment deleted text end ; or

(3) an assistance unit in which a participant is participating in employment for fewer
hours than those specified in clause (1) new text begin or (2) new text end , and the participant submits verification from
a qualified professional, in a form acceptable to the commissioner, stating that the number
of hours the participant may work is limited due to illness or disability, as long as the
participant is participating in employment for at least the number of hours specified by the
qualified professional. The participant must be following the treatment recommendations
of the qualified professional providing the verification. The commissioner shall develop a
form to be completed and signed by the qualified professional, documenting the diagnosis
and any additional information necessary to document the functional limitations of the
participant that limit work hours. If the participant is part of a two-parent assistance unit,
the other parent must be treated as a one-parent assistance unit for purposes of meeting the
work requirements under this subdivision.

(b) deleted text begin For purposes of this section, employment means:
deleted text end

deleted text begin (1) unsubsidized employment under section deleted text begin 256J.49, subdivision 13 deleted text end , clause (1);
deleted text end

deleted text begin (2) subsidized employment under section deleted text begin 256J.49, subdivision 13 deleted text end , clause (2);
deleted text end

deleted text begin (3) on-the-job training under section deleted text begin 256J.49, subdivision 13 deleted text end , clause (2);
deleted text end

deleted text begin (4) an apprenticeship under section deleted text begin 256J.49, subdivision 13 deleted text end , clause (1);
deleted text end

deleted text begin (5) supported work under section deleted text begin 256J.49, subdivision 13 deleted text end , clause (2);
deleted text end

deleted text begin (6) a combination of clauses (1) to (5); or
deleted text end

deleted text begin (7) child care under section deleted text begin 256J.49, subdivision 13 deleted text end , clause (7), if it is in combination
with paid employment.
deleted text end

deleted text begin (c) deleted text end If a participant is complying with a child protection plan under chapter 260C,
the number of hours required under the child protection plan count toward the number
of hours required under this subdivision.

deleted text begin (d) deleted text end new text begin (c) new text end The county shall provide the opportunity for subsidized employment to
participants needing that type of employment within available appropriations.

deleted text begin (e) deleted text end new text begin (d) new text end To be eligible for a hardship extension for employed participants under this
subdivision, a participant must be in compliance for at least ten out of the 12 months
the participant received MFIP immediately preceding the participant's 61st month on
assistance. If ten or fewer months of eligibility for TANF assistance remain at the time the
participant from another state applies for assistance, the participant must be in compliance
every month.

deleted text begin (f) deleted text end new text begin (e) new text end The employment plan developed under section 256J.521, subdivision 2, for
participants under this subdivision must contain at least the minimum number of hours
specified in paragraph (a) for the purpose of meeting the requirements for an extension
under this subdivision. The job counselor and the participant must sign the employment
plan to indicate agreement between the job counselor and the participant on the contents
of the plan.

deleted text begin (g) deleted text end new text begin (f) new text end Participants who fail to meet the requirements in paragraph (a), without
good cause under section 256J.57, shall be sanctioned or permanently disqualified under
subdivision 6. Good cause may only be granted for that portion of the month for which
the good cause reason applies. Participants must meet all remaining requirements in the
approved employment plan or be subject to sanction or permanent disqualification.

deleted text begin (h) deleted text end new text begin (g) new text end If the noncompliance with an employment plan is due to the involuntary loss
of employment, the participant is exempt from the hourly employment requirement under
this subdivision for one month. Participants must meet all remaining requirements in the
approved employment plan or be subject to sanction or permanent disqualification. This
exemption is available to each participant two times in a 12-month period.

Sec. 7.

Minnesota Statutes 2006, section 256J.49, subdivision 13, is amended to read:

Subd. 13.

Work activity.

"Work activity" means any activity in a participant's
approved employment plan that leads to employment. For purposes of the MFIP program,
this includes activities that meet the definition of work activity under the participation
requirements of TANF. Work activity includes:

(1) unsubsidized employment, including work study and paid apprenticeships or
internships;

(2) subsidized private sector or public sector employment, including grant diversion
as specified in section 256J.69, on-the-job training as specified in section 256J.66,
the self-employment investment demonstration program (SEID) as specified in section
256J.65, paid work experience, and supported work when a wage subsidy is provided;

(3) unpaid work experience, including community service, volunteer work,
the community work experience program as specified in section 256J.67, unpaid
apprenticeships or internships, and supported work when a wage subsidy is not provided new text begin .
Unpaid work performed in return for cash assistance is prohibited and does not count
as a work activity, unless the participant voluntarily agrees, in writing, to engage in
unpaid work in return for cash assistance. The participant may terminate the unpaid
work arrangement, in writing, at any time new text end ;

(4) job search including job readiness assistance, job clubs, job placement,
job-related counseling, and job retention services;

(5) job readiness education, including English as a second language (ESL) or
functional work literacy classes as limited by the provisions of section 256J.531,
subdivision 2, general educational development (GED) course work, high school
completion, and adult basic education as limited by the provisions of section 256J.531,
subdivision 1;

(6) job skills training directly related to employment, including education and
training that can reasonably be expected to lead to employment, as limited by the
provisions of section 256J.53;

(7) providing child care services to a participant who is working in a community
service program;

(8) activities included in the employment plan that is developed under section
256J.521, subdivision 3; and

(9) preemployment activities including chemical and mental health assessments,
treatment, and services; learning disabilities services; child protective services; family
stabilization services; or other programs designed to enhance employability.

Sec. 8.

Minnesota Statutes 2006, section 256J.53, subdivision 2, is amended to read:

Subd. 2.

Approval of postsecondary education or training.

(a) deleted text begin In order for a
postsecondary education or training program to be an approved activity in an employment
plan, the participant must be working in unsubsidized employment at least 20 hours per
week.
deleted text end

deleted text begin (b) deleted text end Participants seeking approval of a postsecondary education or training plan
must provide documentation that:

(1) the employment goal can only be met with the additional education or training;

(2) there are suitable employment opportunities that require the specific education or
training in the area in which the participant resides or is willing to reside;

(3) the education or training will result in significantly higher wages for the
participant than the participant could earn without the education or training;

(4) the participant can meet the requirements for admission into the program; and

(5) there is a reasonable expectation that the participant will complete the training
program based on such factors as the participant's MFIP assessment, previous education,
training, and work history; current motivation; and changes in previous circumstances.

deleted text begin (c) The hourly unsubsidized employment requirement does not apply for intensive
education or training programs lasting 12 weeks or less when full-time attendance is
required.
deleted text end

deleted text begin (d) deleted text end new text begin (b) new text end Participants with an approved employment plan in place on July 1, 2003,
which includes more than 12 months of postsecondary education or training shall be
allowed to complete that plan provided that hourly requirements in section 256J.55,
subdivision 1, and conditions specified in paragraph (b), and subdivisions 3 and 5 are met.
A participant whose case is subsequently closed for three months or less for reasons other
than noncompliance with program requirements and who returns to MFIP shall be allowed
to complete that plan provided that hourly requirements in section 256J.55, subdivision 1,
and conditions specified in paragraph (b) and subdivisions 3 and 5 are met.

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 256B.0631; 256J.24, subdivision 6; and 256J.37,
subdivisions 3a and 3b, new text end new text begin are repealed.
new text end