as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to human services; modifying provisions for 1.3 family and adult self-sufficiency; amending Minnesota 1.4 Statutes 2000, sections 256.98, subdivision 8; 1.5 256D.425, subdivision 1; 256J.08, subdivision 55a, and 1.6 by adding a subdivision; 256J.21, subdivision 2; 1.7 256J.24, subdivisions 2 and 9; 256J.32, subdivision 4; 1.8 256J.39, subdivision 2; 256J.42, subdivisions 1, 3, 1.9 and 4; 256J.45, subdivisions 1 and 2; 256J.46, 1.10 subdivision 1; 256J.48, by adding a subdivision; 1.11 256J.49, subdivisions 2, 13, and by adding a 1.12 subdivision; 256J.50, subdivisions 5, 10, and by 1.13 adding a subdivision; 256J.515; 256J.52, subdivisions 1.14 2, 3, and 6; 256J.56; 256J.62, subdivisions 2a and 9; 1.15 256J.645; and 256K.03, subdivision 5; repealing 1.16 Minnesota Statutes 2000, sections 256J.08, subdivision 1.17 50a; 256J.43; 256J.49, subdivision 11; and 256J.52, 1.18 subdivision 5a. 1.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.20 Section 1. Minnesota Statutes 2000, section 256.98, 1.21 subdivision 8, is amended to read: 1.22 Subd. 8. [DISQUALIFICATION FROM PROGRAM.] (a) Any person 1.23 found to be guilty of wrongfully obtaining assistance by a 1.24 federal or state court or by an administrative hearing 1.25 determination, or waiver thereof, through a disqualification 1.26 consent agreement, or as part of any approved diversion plan 1.27 under section 401.065, or any court-ordered stay which carries 1.28 with it any probationary or other conditions, in the Minnesota 1.29 familyassistanceinvestment program, the food stamp program, 1.30 the general assistance program, the group residential housing 1.31 program, or the Minnesota supplemental aid program shall be 1.32 disqualified from that program. In addition, any person 2.1 disqualified from the Minnesota family investment program shall 2.2 also be disqualified from the food stamp program. The needs of 2.3 that individual shall not be taken into consideration in 2.4 determining the grant level for that assistance unit: 2.5 (1) for one year after the first offense; 2.6 (2) for two years after the second offense; and 2.7 (3) permanently after the third or subsequent offense. 2.8 The period of program disqualification shall begin on the 2.9 date stipulated on the advance notice of disqualification 2.10 without possibility of postponement for administrative stay or 2.11 administrative hearing and shall continue through completion 2.12 unless and until the findings upon which the sanctions were 2.13 imposed are reversed by a court of competent jurisdiction. The 2.14 period for which sanctions are imposed is not subject to 2.15 review. The sanctions provided under this subdivision are in 2.16 addition to, and not in substitution for, any other sanctions 2.17 that may be provided for by law for the offense involved. A 2.18 disqualification established through hearing or waiver shall 2.19 result in the disqualification period beginning immediately 2.20 unless the person has become otherwise ineligible for 2.21 assistance. If the person is ineligible for assistance, the 2.22 disqualification period begins when the person again meets the 2.23 eligibility criteria of the program from which they were 2.24 disqualified and makes application for that program. 2.25 (b) A family receiving assistance through child care 2.26 assistance programs under chapter 119B with a family member who 2.27 is found to be guilty of wrongfully obtaining child care 2.28 assistance by a federal court, state court, or an administrative 2.29 hearing determination or waiver, through a disqualification 2.30 consent agreement, as part of an approved diversion plan under 2.31 section 401.065, or a court-ordered stay with probationary or 2.32 other conditions, is disqualified from child care assistance 2.33 programs. The disqualifications must be for periods of three 2.34 months, six months, and two years for the first, second, and 2.35 third offenses respectively. Subsequent violations must result 2.36 in permanent disqualification. During the disqualification 3.1 period, disqualification from any child care program must extend 3.2 to all child care programs and must be immediately applied. 3.3 Sec. 2. Minnesota Statutes 2000, section 256D.425, 3.4 subdivision 1, is amended to read: 3.5 Subdivision 1. [PERSONS ENTITLED TO RECEIVE AID.] A person 3.6 who is aged, blind, or 18 years of age or older and disabled and 3.7 who is receiving supplemental security benefits under Title XVI 3.8 on the basis of age, blindness, or disability (or would be 3.9 eligible for such benefits except for excess income) is eligible 3.10 for a payment under the Minnesota supplemental aid program, if 3.11 the person's net income is less than the standards in section 3.12 256D.44. Persons who are not receiving supplemental security 3.13 income benefits under Title XVI of the Social Security Act or 3.14 disability insurance benefits under Title II of the Social 3.15 Security Act due to exhausting time limited benefits are not 3.16 eligible to receive benefits under the MSA program. Persons who 3.17 are not receiving social security or other maintenance benefits 3.18 for failure to meet or comply with the social security or other 3.19 maintenance program requirements are not eligible to receive 3.20 benefits under the MSA program. Persons who are found 3.21 ineligible for supplemental security income because of excess 3.22 income, but whose income is within the limits of the Minnesota 3.23 supplemental aid program, must have blindness or disability 3.24 determined by the state medical review team. 3.25 Sec. 3. Minnesota Statutes 2000, section 256J.08, 3.26 subdivision 55a, is amended to read: 3.27 Subd. 55a. [MFIP STANDARD OF NEED.] "MFIP standard of 3.28 need" means the appropriate standard used to determine MFIP 3.29 benefit payments for the MFIP unit and applies to: 3.30 (1) the transitional standard, sections 256J.08, 3.31 subdivision 85, and 256J.24, subdivision 5; and 3.32 (2) the shared household standard, section 256J.24, 3.33 subdivision 9; and3.34(3) the interstate transition standard, section 256J.43. 3.35 Sec. 4. Minnesota Statutes 2000, section 256J.08, is 3.36 amended by adding a subdivision to read: 4.1 Subd. 67a. [PERSON TRAINED IN DOMESTIC VIOLENCE.] "Person 4.2 trained in domestic violence" means an individual who works for 4.3 an organization that is designated by the Minnesota center for 4.4 crime victims services as providing services to victims of 4.5 domestic violence, and includes any other person or organization 4.6 designated by a qualifying organization under this section. 4.7 [EFFECTIVE DATE.] This section is effective October 1, 2001. 4.8 Sec. 5. Minnesota Statutes 2000, section 256J.21, 4.9 subdivision 2, is amended to read: 4.10 Subd. 2. [INCOME EXCLUSIONS.] (a) The following must be 4.11 excluded in determining a family's available income: 4.12 (1) payments for basic care, difficulty of care, and 4.13 clothing allowances received for providing family foster care to 4.14 children or adults under Minnesota Rules, parts 9545.0010 to 4.15 9545.0260 and 9555.5050 to 9555.6265, and payments received and 4.16 used for care and maintenance of a third-party beneficiary who 4.17 is not a household member; 4.18 (2) reimbursements for employment training received through 4.19 the Job Training Partnership Act, United States Code, title 29, 4.20 chapter 19, sections 1501 to 1792b; 4.21 (3) reimbursement for out-of-pocket expenses incurred while 4.22 performing volunteer services, jury duty, employment, or 4.23 informal carpooling arrangements directly related to employment; 4.24 (4) all educational assistance, except the county agency 4.25 must count graduate student teaching assistantships, 4.26 fellowships, and other similar paid work as earned income and, 4.27 after allowing deductions for any unmet and necessary 4.28 educational expenses, shall count scholarships or grants awarded 4.29 to graduate students that do not require teaching or research as 4.30 unearned income; 4.31 (5) loans, regardless of purpose, from public or private 4.32 lending institutions, governmental lending institutions, or 4.33 governmental agencies; 4.34 (6) loans from private individuals, regardless of purpose, 4.35 provided an applicant or participant documents that the lender 4.36 expects repayment; 5.1 (7)(i) state income tax refunds; and 5.2 (ii) federal income tax refunds; 5.3 (8)(i) federal earned income credits; 5.4 (ii) Minnesota working family credits; 5.5 (iii) state homeowners and renters credits under chapter 5.6 290A; and 5.7 (iv) federal or state tax rebates; 5.8 (9) funds received for reimbursement, replacement, or 5.9 rebate of personal or real property when these payments are made 5.10 by public agencies, awarded by a court, solicited through public 5.11 appeal, or made as a grant by a federal agency, state or local 5.12 government, or disaster assistance organizations, subsequent to 5.13 a presidential declaration of disaster; 5.14 (10) the portion of an insurance settlement that is used to 5.15 pay medical, funeral, and burial expenses, or to repair or 5.16 replace insured property; 5.17 (11) reimbursements for medical expenses that cannot be 5.18 paid by medical assistance; 5.19 (12) payments by a vocational rehabilitation program 5.20 administered by the state under chapter 268A, except those 5.21 payments that are for current living expenses; 5.22 (13) in-kind income, including any payments directly made 5.23 by a third party to a provider of goods and services; 5.24 (14) assistance payments to correct underpayments, but only 5.25 for the month in which the payment is received; 5.26 (15) emergency assistance payments; 5.27 (16) funeral and cemetery payments as provided by section 5.28 256.935; 5.29 (17) nonrecurring cash gifts of $30 or less, not exceeding 5.30 $30 per participant in a calendar month; 5.31 (18) any form of energy assistance payment made through 5.32 Public Law Number 97-35, Low-Income Home Energy Assistance Act 5.33 of 1981, payments made directly to energy providers by other 5.34 public and private agencies, and any form of credit or rebate 5.35 payment issued by energy providers; 5.36 (19) Supplemental Security Income (SSI), including 6.1 retroactive SSI payments and other income of an SSI recipient; 6.2 (20) Minnesota supplemental aid, including retroactive 6.3 payments; 6.4 (21) proceeds from the sale of real or personal property; 6.5 (22) adoption assistance payments under section 259.67; 6.6 (23) state-funded family subsidy program payments made 6.7 under section 252.32 to help families care for children with 6.8 mental retardation or related conditions, consumer support grant 6.9 funds under section 256.476, and resources and services for a 6.10 disabled household member under one of the home and 6.11 community-based waiver services programs under chapter 256B; 6.12 (24) interest payments and dividends from property that is 6.13 not excluded from and that does not exceed the asset limit; 6.14 (25) rent rebates; 6.15 (26) income earned by a minor caregiver, minor child 6.16 through age 6, or a minor child who is at least a half-time 6.17 student in an approved elementary or secondary education 6.18 program; 6.19 (27) income earned by a caregiver under age 20 who is at 6.20 least a half-time student in an approved elementary or secondary 6.21 education program; 6.22 (28) MFIP child care payments under section 119B.05; 6.23 (29) all other payments made through MFIP to support a 6.24 caregiver's pursuit of greater self-support; 6.25 (30) income a participant receives related to shared living 6.26 expenses; 6.27 (31) reverse mortgages; 6.28 (32) benefits provided by the Child Nutrition Act of 1966, 6.29 United States Code, title 42, chapter 13A, sections 1771 to 6.30 1790; 6.31 (33) benefits provided by the women, infants, and children 6.32 (WIC) nutrition program, United States Code, title 42, chapter 6.33 13A, section 1786; 6.34 (34) benefits from the National School Lunch Act, United 6.35 States Code, title 42, chapter 13, sections 1751 to 1769e; 6.36 (35) relocation assistance for displaced persons under the 7.1 Uniform Relocation Assistance and Real Property Acquisition 7.2 Policies Act of 1970, United States Code, title 42, chapter 61, 7.3 subchapter II, section 4636, or the National Housing Act, United 7.4 States Code, title 12, chapter 13, sections 1701 to 1750jj; 7.5 (36) benefits from the Trade Act of 1974, United States 7.6 Code, title 19, chapter 12, part 2, sections 2271 to 2322; 7.7 (37) war reparations payments to Japanese Americans and 7.8 Aleuts under United States Code, title 50, sections 1989 to 7.9 1989d; 7.10 (38) payments to veterans or their dependents as a result 7.11 of legal settlements regarding Agent Orange or other chemical 7.12 exposure under Public Law Number 101-239, section 10405, 7.13 paragraph (a)(2)(E); 7.14 (39) income that is otherwise specifically excluded from 7.15 MFIP consideration in federal law, state law, or federal 7.16 regulation; 7.17 (40) security and utility deposit refunds; 7.18 (41) American Indian tribal land settlements excluded under 7.19 Public Law Numbers 98-123, 98-124, and 99-377 to the Mississippi 7.20 Band Chippewa Indians of White Earth, Leech Lake, and Mille Lacs 7.21 reservations and payments to members of the White Earth Band, 7.22 under United States Code, title 25, chapter 9, section 331, and 7.23 chapter 16, section 1407; 7.24 (42) all income of the minor parent's parents and 7.25 stepparents when determining the grant for the minor parent in 7.26 households that include a minor parent living with parents or 7.27 stepparents on MFIP with other children; and 7.28 (43) income of the minor parent's parents and stepparents 7.29 equal to 200 percent of the federal poverty guideline for a 7.30 family size not including the minor parent and the minor 7.31 parent's child in households that include a minor parent living 7.32 with parents or stepparents not on MFIP when determining the 7.33 grant for the minor parent. The remainder of income is deemed 7.34 as specified in section 256J.37, subdivision 1b; 7.35 (44) payments made to children eligible for relative 7.36 custody assistance under section 257.85; 8.1 (45) vendor payments for goods and services made on behalf 8.2 of a client unless the client has the option of receiving the 8.3 payment in cash; and 8.4 (46) the principal portion of a contract for deed payment. 8.5 Sec. 6. Minnesota Statutes 2000, section 256J.24, 8.6 subdivision 2, is amended to read: 8.7 Subd. 2. [MANDATORY ASSISTANCE UNIT COMPOSITION.] Except 8.8 for minor caregivers and their children who must be in a 8.9 separate assistance unit from the other persons in the 8.10 household, when the following individuals live together, they 8.11 must be included in the assistance unit: 8.12 (1) a minor child, including a pregnant minor; 8.13 (2) the minor child's minor siblings, minor half-siblings, 8.14 and minor step-siblings; 8.15 (3) the minor child's natural parents, adoptive parents, 8.16 and stepparents; and 8.17 (4) the spouse of a pregnant woman. 8.18 A minor child must have a caregiver for the child to be 8.19 included in the assistance unit. 8.20 Sec. 7. Minnesota Statutes 2000, section 256J.24, 8.21 subdivision 9, is amended to read: 8.22 Subd. 9. [SHARED HOUSEHOLD STANDARD; MFIP.] (a) Except as 8.23 prohibited in paragraph (b), the county agency must use the 8.24 shared household standard when the household includes one or 8.25 more unrelated members, as that term is defined in section 8.26 256J.08, subdivision 86a. The county agency must use the shared 8.27 household standard, unless a member of the assistance unit is a 8.28 victim ofdomesticfamily violence and has anapproved safety8.29 alternative employment plan, regardless of the number of 8.30 unrelated members in the household. 8.31 (b) The county agency must not use the shared household 8.32 standard when all unrelated members are one of the following: 8.33 (1) a recipient of public assistance benefits, including 8.34 food stamps, Supplemental Security Income, adoption assistance, 8.35 relative custody assistance, or foster care payments; 8.36 (2) a roomer or boarder, or a person to whom the assistance 9.1 unit is paying room or board; 9.2 (3) a minor child under the age of 18; 9.3 (4) a minor caregiver living with the minor caregiver's 9.4 parents or in an approved supervised living arrangement; 9.5 (5) a caregiver who is not the parent of the minor child in 9.6 the assistance unit; or 9.7 (6) an individual who provides child care to a child in the 9.8 MFIP assistance unit. 9.9 (c) The shared household standard must be discontinued if 9.10 it is not approved by the United States Department of 9.11 Agriculture under the MFIP waiver. 9.12 Sec. 8. Minnesota Statutes 2000, section 256J.32, 9.13 subdivision 4, is amended to read: 9.14 Subd. 4. [FACTORS TO BE VERIFIED.] The county agency shall 9.15 verify the following at application: 9.16 (1) identity of adults; 9.17 (2) presence of the minor child in the home, if 9.18 questionable; 9.19 (3) relationship of a minor child to caregivers in the 9.20 assistance unit; 9.21 (4) age, if necessary to determine MFIP eligibility; 9.22 (5) immigration status; 9.23 (6) social security number according to the requirements of 9.24 section 256J.30, subdivision 12; 9.25 (7) income; 9.26 (8) self-employment expenses used as a deduction; 9.27 (9) source and purpose of deposits and withdrawals from 9.28 business accounts; 9.29 (10) spousal support and child support payments made to 9.30 persons outside the household; 9.31 (11) real property; 9.32 (12) vehicles; 9.33 (13) checking and savings accounts; 9.34 (14) savings certificates, savings bonds, stocks, and 9.35 individual retirement accounts; 9.36 (15) pregnancy, if related to eligibility; 10.1 (16) inconsistent information, if related to eligibility; 10.2 (17) medical insurance; 10.3 (18) burial accounts; 10.4 (19) school attendance, if related to eligibility; 10.5 (20) residence; 10.6 (21) a claim ofdomesticfamily violence if used as a basis 10.7 for adeferral or exemptionwaiver from the 60-month time limit 10.8 in section 256J.42orand regular employment and training 10.9 services requirements in section 256J.56; 10.10 (22) disability if used as an exemption from employment and 10.11 training services requirements under section 256J.56; and 10.12 (23) information needed to establish an exception under 10.13 section 256J.24, subdivision 9. 10.14 [EFFECTIVE DATE.] This section is effective October 1, 2001. 10.15 Sec. 9. Minnesota Statutes 2000, section 256J.39, 10.16 subdivision 2, is amended to read: 10.17 Subd. 2. [PROTECTIVE AND VENDOR PAYMENTS.] Alternatives to 10.18 paying assistance directly to a participant may be used when: 10.19 (1) a county agency determines that a vendor payment is the 10.20 most effective way to resolve an emergency situation pertaining 10.21 to basic needs; 10.22 (2) a caregiver makes a written request to the county 10.23 agency asking that part or all of the assistance payment be 10.24 issued by protective or vendor payments for shelter and utility 10.25 service only. The caregiver may withdraw this request in 10.26 writing at any time; 10.27 (3) the vendor payment is part of a sanction under section 10.28 256J.46; 10.29 (4) the vendor payment is required under section 256J.24, 10.30 subdivision 8, or 256J.26, or 256J.43; 10.31 (5) protective payments are required for minor parents 10.32 under section 256J.14; or 10.33 (6) a caregiver has exhibited a continuing pattern of 10.34 mismanaging funds as determined by the county agency. 10.35 The director of a county agency, or the director's 10.36 designee, must approve a proposal for protective or vendor 11.1 payment for money mismanagement when there is a pattern of 11.2 mismanagement under clause (6). During the time a protective or 11.3 vendor payment is being made, the county agency must provide 11.4 services designed to alleviate the causes of the mismanagement. 11.5 The continuing need for and method of payment must be 11.6 documented and reviewed every 12 months. The director of a 11.7 county agency or the director's designee must approve the 11.8 continuation of protective or vendor payments. When it appears 11.9 that the need for protective or vendor payments will continue or 11.10 is likely to continue beyond two years because the county 11.11 agency's efforts have not resulted in sufficiently improved use 11.12 of assistance on behalf of the minor child, judicial appointment 11.13 of a legal guardian or other legal representative must be sought 11.14 by the county agency. 11.15 Sec. 10. Minnesota Statutes 2000, section 256J.42, 11.16 subdivision 1, is amended to read: 11.17 Subdivision 1. [TIME LIMIT.] (a) Exceptfor the exemptions11.18 as otherwise provided for in this section, an assistance unit in 11.19 which any adult caregiver has received 60 months of cash 11.20 assistance funded in whole or in part by the TANF block grant in 11.21 this or any other state or United States territory, or from a 11.22 tribal TANF program, MFIP, the AFDC program formerly codified in 11.23 sections 256.72 to 256.87, or the family general assistance 11.24 program formerly codified in sections 256D.01 to 256D.23, funded 11.25 in whole or in part by state appropriations, is ineligible to 11.26 receive MFIP. Any cash assistance funded with TANF dollars in 11.27 this or any other state or United States territory, or from a 11.28 tribal TANF program, or MFIP assistance funded in whole or in 11.29 part by state appropriations, that was received by the unit on 11.30 or after the date TANF was implemented, including any assistance 11.31 received in states or United States territories of prior 11.32 residence, counts toward the 60-month limitation. The 60-month 11.33 limit applies to a minorwho is the head of a household or who11.34is married to the head of a householdcaregiver except under 11.35 subdivision 5. The 60-month time period does not need to be 11.36 consecutive months for this provision to apply. 12.1 (b) The months before July 1998 in which individuals 12.2 received assistance as part of the field trials as an MFIP, 12.3 MFIP-R, or MFIP or MFIP-R comparison group family are not 12.4 included in the 60-month time limit. 12.5 Sec. 11. Minnesota Statutes 2000, section 256J.42, 12.6 subdivision 3, is amended to read: 12.7 Subd. 3. [ADULTS LIVINGON ANIN INDIAN 12.8RESERVATIONCOUNTRY.] In determining the number of months for 12.9 which an adult has received assistance under MFIP-S, the county 12.10 agency must disregard any month during which the adult livedon12.11anin Indianreservationcountry if during the month at least 50 12.12 percent of the adults livingon the reservationin Indian 12.13 country were not employed. 12.14 Sec. 12. Minnesota Statutes 2000, section 256J.42, 12.15 subdivision 4, is amended to read: 12.16 Subd. 4. [VICTIMS OFDOMESTICFAMILY VIOLENCE.] Any cash 12.17 assistance received by an assistance unit in a month when a 12.18 caregiveris complyingcomplied with a safety plan or after 12.19 October 1, 2001, complied or is complying with an alternative 12.20 employment plan underthe MFIP-S employment and training12.21componentsection 256J.49, subdivision 1a, does not count toward 12.22 the 60-month limitation on assistance. 12.23 Sec. 13. Minnesota Statutes 2000, section 256J.45, 12.24 subdivision 1, is amended to read: 12.25 Subdivision 1. [COUNTY AGENCY TO PROVIDE ORIENTATION.] A 12.26 county agency must provide orientation to each MFIP caregiver 12.27who is not exempt under section 256J.56, paragraph (a), clause12.28(6) or (8)unless the caregiver: (1) is a single parent, or one 12.29 parent in a two-parent family, employed at least 35 hours per 12.30 week; or (2) a second parent in a two-parent family who is 12.31 employed for 20 or more hours per week provided the first parent 12.32 is employed at least 35 hours per week, with a face-to-face 12.33 orientation. The county agency must inform caregivers who are 12.34 not exempt undersection 256J.56, paragraph (a), clause (6) or12.35(8),clause (1) or (2) that failure to attend the orientation is 12.36 considered an occurrence of noncompliance with program 13.1 requirements, and will result in the imposition of a sanction 13.2 under section 256J.46. If the client complies with the 13.3 orientation requirement prior to the first day of the month in 13.4 which the grant reduction is proposed to occur, the orientation 13.5 sanction shall be lifted. 13.6 Sec. 14. Minnesota Statutes 2000, section 256J.45, 13.7 subdivision 2, is amended to read: 13.8 Subd. 2. [GENERAL INFORMATION.] TheMFIP-SMFIP 13.9 orientation must consist of a presentation that informs 13.10 caregivers of: 13.11 (1) the necessity to obtain immediate employment; 13.12 (2) the work incentives underMFIP-SMFIP, including the 13.13 availability of the federal earned income tax credit and the 13.14 Minnesota working family tax credit; 13.15 (3) the requirement to comply with the employment plan and 13.16 other requirements of the employment and training services 13.17 component ofMFIP-SMFIP, including a description of the range 13.18 of work and training activities that are allowable underMFIP-S13.19 MFIP to meet the individual needs of participants; 13.20 (4) the consequences for failing to comply with the 13.21 employment plan and other program requirements, and that the 13.22 county agency may not impose a sanction when failure to comply 13.23 is due to the unavailability of child care or other 13.24 circumstances where the participant has good cause under 13.25 subdivision 3; 13.26 (5) the rights, responsibilities, and obligations of 13.27 participants; 13.28 (6) the types and locations of child care services 13.29 available through the county agency; 13.30 (7) the availability and the benefits of the early 13.31 childhood health and developmental screening under sections 13.32 121A.16 to 121A.19; 123B.02, subdivision 16; and 123B.10; 13.33 (8) the caregiver's eligibility for transition year child 13.34 care assistance under section 119B.05; 13.35 (9) the caregiver's eligibility for extended medical 13.36 assistance when the caregiver loses eligibility forMFIP-SMFIP 14.1 due to increased earnings or increased child or spousal support; 14.2 (10) the caregiver's option to choose an employment and 14.3 training provider and information about each provider, including 14.4 but not limited to, services offered, program components, job 14.5 placement rates, job placement wages, and job retention rates; 14.6 (11) the caregiver's option to request approval of an 14.7 education and training plan according to section 256J.52;and14.8 (12) the work study programs available under the higher 14.9 education system; and 14.10 (13) effective October 1, 2001, information about the 14.11 60-month time limit exemption and waivers of regular employment 14.12 and training requirements for family violence victims and 14.13 referral information about shelters and programs for victims of 14.14 family violence. 14.15 Sec. 15. Minnesota Statutes 2000, section 256J.46, 14.16 subdivision 1, is amended to read: 14.17 Subdivision 1. [SANCTIONS FORPARTICIPANTS NOT COMPLYING 14.18 WITH PROGRAM REQUIREMENTS.] (a) A participant who fails without 14.19 good cause to comply with the requirements of this chapter, and 14.20 who is not subject to a sanction under subdivision 2, shall be 14.21 subject to a sanction as provided in this subdivision. A 14.22 participant who fails to comply with an alternative employment 14.23 plan must have the plan reviewed by a person trained in domestic 14.24 violence and a job counselor to determine if components of the 14.25 alternative employment plan are still appropriate. If the 14.26 activities are no longer appropriate, the plan must be revised 14.27 with a person trained in domestic violence and approved by a job 14.28 counselor. A participant who fails to comply with a plan that 14.29 is determined not to need revision will lose their exemption and 14.30 be required to comply with regular employment services 14.31 activities. 14.32 A sanction under this subdivision becomes effective the 14.33 month following the month in which a required notice is given. 14.34 A sanction must not be imposed when a participant comes into 14.35 compliance with the requirements for orientation under section 14.36 256J.45 or third-party liability for medical services under 15.1 section 256J.30, subdivision 10, prior to the effective date of 15.2 the sanction. A sanction must not be imposed when a participant 15.3 comes into compliance with the requirements for employment and 15.4 training services under sections 256J.49 to 256J.72 ten days 15.5 prior to the effective date of the sanction. For purposes of 15.6 this subdivision, each month that a participant fails to comply 15.7 with a requirement of this chapter shall be considered a 15.8 separate occurrence of noncompliance. A participant who has had 15.9 one or more sanctions imposed must remain in compliance with the 15.10 provisions of this chapter for six months in order for a 15.11 subsequent occurrence of noncompliance to be considered a first 15.12 occurrence. 15.13 (b) Sanctions for noncompliance shall be imposed as follows: 15.14 (1) For the first occurrence of noncompliance by a 15.15 participant in a single-parent household or by one participant 15.16 in a two-parent household, the assistance unit's grant shall be 15.17 reduced by ten percent of the MFIP standard of need for an 15.18 assistance unit of the same size with the residual grant paid to 15.19 the participant. The reduction in the grant amount must be in 15.20 effect for a minimum of one month and shall be removed in the 15.21 month following the month that the participant returns to 15.22 compliance. 15.23 (2) For a second or subsequent occurrence of noncompliance, 15.24 or when both participants in a two-parent household are out of 15.25 compliance at the same time, the assistance unit's shelter costs 15.26 shall be vendor paid up to the amount of the cash portion of the 15.27 MFIP grant for which the participant's assistance unit is 15.28 eligible. At county option, the assistance unit's utilities may 15.29 also be vendor paid up to the amount of the cash portion of the 15.30 MFIP grant remaining after vendor payment of the assistance 15.31 unit's shelter costs. The residual amount of the grant after 15.32 vendor payment, if any, must be reduced by an amount equal to 30 15.33 percent of the MFIP standard of need for an assistance unit of 15.34 the same size before the residual grant is paid to the 15.35 assistance unit. The reduction in the grant amount must be in 15.36 effect for a minimum of one month and shall be removed in the 16.1 month following the month that a participant in a one-parent 16.2 household returns to compliance. In a two-parent household, the 16.3 grant reduction must be in effect for a minimum of one month and 16.4 shall be removed in the month following the month both 16.5 participants return to compliance. The vendor payment of 16.6 shelter costs and, if applicable, utilities shall be removed six 16.7 months after the month in which the participant or participants 16.8 return to compliance. 16.9 (c) No later than during the second month that a sanction 16.10 under paragraph (b), clause (2), is in effect due to 16.11 noncompliance with employment services, the participant's case 16.12 file must be reviewed to determine if: 16.13 (i) the continued noncompliance can be explained and 16.14 mitigated by providing a needed preemployment activity, as 16.15 defined in section 256J.49, subdivision 13, clause (16); 16.16 (ii) the participant qualifies for a good cause exception 16.17 under section 256J.57;or16.18 (iii) the participant qualifies for an exemption under 16.19 section 256J.56; or 16.20 (iv) the participant qualifies for a waiver under section 16.21 256J.52, subdivision 6. 16.22 If the lack of an identified activity can explain the 16.23 noncompliance, the county must work with the participant to 16.24 provide the identified activity, and the county must restore the 16.25 participant's grant amount to the full amount for which the 16.26 assistance unit is eligible. The grant must be restored 16.27 retroactively to the first day of the month in which the 16.28 participant was found to lack preemployment activities or to 16.29 qualify for an exemptionor, a good cause exception, or a family 16.30 violence waiver. 16.31 If the participant is found to qualify for a good cause 16.32 exception oranexemption, or a family violence waiver, the 16.33 county must restore the participant's grant to the full amount 16.34 for which the assistance unit is eligible. 16.35 [EFFECTIVE DATE.] This section is effective October 1, 2001. 16.36 Sec. 16. Minnesota Statutes 2000, section 256J.48, is 17.1 amended by adding a subdivision to read: 17.2 Subd. 1a. [PROCESSING EMERGENCY APPLICATIONS.] Within 17.3 seven days of receiving the application, or sooner if the 17.4 immediacy and severity of the situation warrants it, families 17.5 must be notified in writing whether their application was 17.6 approved, denied, or pended. 17.7 Sec. 17. Minnesota Statutes 2000, section 256J.49, is 17.8 amended by adding a subdivision to read: 17.9 Subd. 1a. [ALTERNATIVE EMPLOYMENT PLAN.] "Alternative 17.10 employment plan" means a plan that is based on an individualized 17.11 assessment of need and is developed with a person trained in 17.12 domestic violence and approved by a job counselor. The plan may 17.13 address safety, legal or emotional issues, and other demands on 17.14 the family as a result of the family violence. The information 17.15 in section 256J.515, clauses (1) to (8), must be included as 17.16 part of the development of the alternative employment plan. The 17.17 primary goal of an alternative employment plan is to ensure the 17.18 safety of the caregiver and children. To the extent it is 17.19 consistent with ensuring safety, an alternative employment plan 17.20 may also include activities that are designed to lead to 17.21 self-sufficiency. An alternative employment plan may not 17.22 automatically include a provision that requires a participant to 17.23 obtain an order for protection or to attend counseling. 17.24 [EFFECTIVE DATE.] This section is effective October 1, 2001. 17.25 Sec. 18. Minnesota Statutes 2000, section 256J.49, 17.26 subdivision 2, is amended to read: 17.27 Subd. 2. [DOMESTICFAMILY VIOLENCE.] "DomesticFamily 17.28 violence" means: 17.29 (1) physical acts that result, or threaten to result in, 17.30 physical injury to an individual; 17.31 (2) sexual abuse; 17.32 (3) sexual activity involving a minor child; 17.33 (4) being forced as the caregiver of a minor child to 17.34 engage in nonconsensual sexual acts or activities; 17.35 (5) threats of, or attempts at, physical or sexual abuse; 17.36 (6) mental abuse; or 18.1 (7) neglect or deprivation of medical care. 18.2 [EFFECTIVE DATE.] This section is effective October 1, 2001. 18.3 Sec. 19. Minnesota Statutes 2000, section 256J.49, 18.4 subdivision 13, is amended to read: 18.5 Subd. 13. [WORK ACTIVITY.] "Work activity" means any 18.6 activity in a participant's approved employment plan that is 18.7 tied to the participant's employment goal. For purposes of the 18.8 MFIP program, any activity that is included in a participant's 18.9 approved employment plan meets the definition of work activity 18.10 as counted under the federal participation standards. Work 18.11 activity includes, but is not limited to: 18.12 (1) unsubsidized employment; 18.13 (2) subsidized private sector or public sector employment, 18.14 including grant diversion as specified in section 256J.69; 18.15 (3) work experience, including CWEP as specified in section 18.16 256J.67, and including work associated with the refurbishing of 18.17 publicly assisted housing if sufficient private sector 18.18 employment is not available; 18.19 (4) on-the-job training as specified in section 256J.66; 18.20 (5) job search, either supervised or unsupervised; 18.21 (6) job readiness assistance; 18.22 (7) job clubs, including job search workshops; 18.23 (8) job placement; 18.24 (9) job development; 18.25 (10) job-related counseling; 18.26 (11) job coaching; 18.27 (12) job retention services; 18.28 (13) job-specific training or education; 18.29 (14) job skills training directly related to employment; 18.30 (15) the self-employment investment demonstration (SEID), 18.31 as specified in section 256J.65; 18.32 (16) preemployment activities, based on availability and 18.33 resources, such as volunteer work, literacy programs and related 18.34 activities, citizenship classes, English as a second language 18.35 (ESL) classes as limited by the provisions of section 256J.52, 18.36 subdivisions 3, paragraph (d), and 5, paragraph (c), or 19.1 participation in dislocated worker services, chemical dependency 19.2 treatment, mental health services, peer group networks, 19.3 displaced homemaker programs, strength-based resiliency 19.4 training, parenting education, or other programs designed to 19.5 help families reach their employment goals and enhance their 19.6 ability to care for their children; 19.7 (17) community service programs; 19.8 (18) vocational educational training or educational 19.9 programs that can reasonably be expected to lead to employment, 19.10 as limited by the provisions of section 256J.53; 19.11 (19) apprenticeships; 19.12 (20) satisfactory attendance in general educational 19.13 development diploma classes or an adult diploma program; 19.14 (21) satisfactory attendance at secondary school, if the 19.15 participant has not received a high school diploma; 19.16 (22) adult basic education classes; 19.17 (23) internships; 19.18 (24) bilingual employment and training services; 19.19 (25) providing child care services to a participant who is 19.20 working in a community service program; and 19.21 (26) activities included ina safetyan alternative 19.22 employment plan that is developed under section 256J.52, 19.23 subdivision 6. 19.24 [EFFECTIVE DATE.] This section is effective October 1, 2001. 19.25 Sec. 20. Minnesota Statutes 2000, section 256J.50, 19.26 subdivision 5, is amended to read: 19.27 Subd. 5. [PARTICIPATION REQUIREMENTS FOR ALL CASES.] (a) 19.28 For two-parent cases, participation is required concurrent with 19.29 the receipt of MFIP cash assistance. 19.30 For single-parent cases, participation is required 19.31 concurrent with the receipt of MFIP cash assistance for all 19.32 counties except Blue Earth and Nicollet, effective July 1, 2000, 19.33 and is required for Blue Earth and Nicollet counties effective 19.34 January 1, 2001. For Blue Earth and Nicollet counties only, 19.35 from July 1, 2000 to December 31, 2000, mandatory participation 19.36 for single-parent cases must be required within six months of 20.1 eligibility for cash assistance. 20.2 (b) Beginning January 1, 1998, with the exception of 20.3 caregivers required to attend high school under the provisions 20.4 of section 256J.54, subdivision 5, MFIP caregivers, upon 20.5 completion of the secondary assessment, must develop an 20.6 employment plan and participate in work activities. 20.7 (c) Upon completion of the secondary assessment: 20.8 (1) In single-parent families with no children under six 20.9 years of age, the job counselor and the caregiver must develop 20.10 an employment plan that includes 20 to 35 hours per week of work 20.11 activities for the period January 1, 1998, to September 30, 20.12 1998; 25 to 35 hours of work activities per week in federal 20.13 fiscal year 1999; and 30 to 35 hours per week of work activities 20.14 in federal fiscal year 2000 and thereafter. 20.15 (2) In single-parent families with a child under six years 20.16 of age, the job counselor and the caregiver must develop an 20.17 employment plan that includes 20 to 35 hours per week of work 20.18 activities. 20.19 (3) In two-parent families, the job counselor and the 20.20 caregivers must develop employment plans which result in a 20.21 combined total of at least 55 hours per week of work activities, 20.22 of which at least 30 hours must be completed by one of the 20.23 parents. 20.24 Sec. 21. Minnesota Statutes 2000, section 256J.50, 20.25 subdivision 10, is amended to read: 20.26 Subd. 10. [REQUIRED NOTIFICATION TO VICTIMS OFDOMESTIC20.27 FAMILY VIOLENCE.] County agencies and their contractors must 20.28 provide universal notification to all applicants and recipients 20.29 ofMFIP-SMFIP that: 20.30 (1) referrals to counseling and supportive services are 20.31 available for victims ofdomesticfamily violence; 20.32 (2) nonpermanent resident battered individuals married to 20.33 United States citizens or permanent residents may be eligible to 20.34 petition for permanent residency under the federal Violence 20.35 Against Women Act, and that referrals to appropriate legal 20.36 services are available; 21.1 (3) victims ofdomesticfamily violence areexempt from21.2 eligible for an extension of the 60-month limit on assistance 21.3while the individual is complying with an approved safety plan,21.4as defined in section 256J.49, subdivision 11; and 21.5 (4) victims ofdomesticfamily violence may choose tobe21.6exempt or deferred fromhave regular work requirementsfor up to21.712 monthswaived while the individual is complying with 21.8 anapproved safetyalternative employment plan as defined in 21.9 section 256J.49, subdivision111a. 21.10 Notification must be in writing and orally at the time of 21.11 application and recertification, when the individual is referred 21.12 to the title IV-D child support agency, and at the beginning of 21.13 any job training or work placement assistance program. 21.14 [EFFECTIVE DATE.] This section is effective October 1, 2001. 21.15 Sec. 22. Minnesota Statutes 2000, section 256J.50, is 21.16 amended by adding a subdivision to read: 21.17 Subd. 12. [ACCESS TO PERSONS TRAINED IN DOMESTIC 21.18 VIOLENCE.] In a county where there is no local organization with 21.19 a staff person who is trained in domestic violence, as that term 21.20 is defined in section 256J.08, subdivision 67a, the county must 21.21 work with the nearest organization that is designated as 21.22 providing services to victims of domestic violence to develop a 21.23 process, which ensures that domestic violence victims have 21.24 access to a person trained in domestic violence. 21.25 [EFFECTIVE DATE.] This section is effective October 1, 2001. 21.26 Sec. 23. Minnesota Statutes 2000, section 256J.515, is 21.27 amended to read: 21.28 256J.515 [OVERVIEW OF EMPLOYMENT AND TRAINING SERVICES.] 21.29 During the first meeting with participants, job counselors 21.30 must ensure that an overview of employment and training services 21.31 is provided that: 21.32 (1) stresses the necessity and opportunity of immediate 21.33 employment; 21.34 (2) outlines the job search resources offered; 21.35 (3) outlines education or training opportunities available; 21.36 (4) describes the range of work activities, including 22.1 activities under section 256J.49, subdivision 13, clause (18), 22.2 that are allowable under MFIP to meet the individual needs of 22.3 participants; 22.4 (5) explains the requirements to comply with an employment 22.5 plan; 22.6 (6) explains the consequences for failing to comply;and22.7 (7) explains the services that are available to support job 22.8 search and work and education; and 22.9 (8) provides referral information about shelters and 22.10 programs for victims of family violence, the time limit 22.11 exemption, and waivers of regular employment and training 22.12 requirements for family violence victims. 22.13 Failure to attend the overview of employment and training 22.14 services without good cause results in the imposition of a 22.15 sanction under section 256J.46. 22.16 Effective October 1, 2001, a participant who has an 22.17 alternative employment plan under section 256J.52, subdivision 22.18 6, as defined in section 256J.49, subdivision 1a, or who is in 22.19 the process of developing such a plan, is exempt from the 22.20 requirement to attend the overview. 22.21 Sec. 24. Minnesota Statutes 2000, section 256J.52, 22.22 subdivision 2, is amended to read: 22.23 Subd. 2. [INITIAL ASSESSMENT.] (a) The job counselor must, 22.24 with the cooperation of the participant, assess the 22.25 participant's ability to obtain and retain employment. This 22.26 initial assessment must include a review of the participant's 22.27 education level, prior employment or work experience, 22.28 transferable work skills, and existing job markets. 22.29 (b) In assessing the participant, the job counselor must 22.30 determine if the participant needs refresher courses for 22.31 professional certification or licensure, in which case, the job 22.32 search plan under subdivision 3 must include the courses 22.33 necessary to obtain the certification or licensure, in addition 22.34 to other work activities, provided the combination of the 22.35 courses and other work activities are at least for 40 hours per 22.36 week. 23.1 (c) If a participant can demonstrate to the satisfaction of 23.2 the county agency that lack of proficiency in English is a 23.3 barrier to obtaining suitable employment, the job counselor must 23.4 include participation in an intensive English as a second 23.5 language program if available or otherwise a regular English as 23.6 a second language program in the individual's employment plan 23.7 under subdivision 5. Lack of proficiency in English is not 23.8 necessarily a barrier to employment. 23.9 (d) The job counselor may approve an education or training 23.10 plan, and postpone the job search requirement, if the 23.11 participant has a proposal for an education program which: 23.12 (1) can be completed within 12 months; 23.13 (2) meets the criteria of section 256J.53, subdivisions 2, 23.14 3, and 5; and 23.15 (3) is likely, without additional training, to lead to 23.16 monthly employment earnings which, after subtraction of the 23.17 earnings disregard under section 256J.21, equal or exceed the 23.18 family wage level for the participant's assistance unit. 23.19 (e) A participant who, at the time of the initial 23.20 assessment, presents a plan that includes farming as a 23.21 self-employed work activity must have an employment plan 23.22 developed under subdivision 5 that includes the farming as an 23.23 approved work activity. 23.24 (f) Effective October 1, 2001, an alternative employment 23.25 plan must be offered and explained to a participant who at any 23.26 time declares or reveals current or past family violence. If 23.27 the participant is interested, an alternative employment plan 23.28 must be developed and approved for the participant. 23.29 Sec. 25. Minnesota Statutes 2000, section 256J.52, 23.30 subdivision 3, is amended to read: 23.31 Subd. 3. [JOB SEARCH; JOB SEARCH SUPPORT PLAN.] (a) If, 23.32 after the initial assessment, the job counselor determines that 23.33 the participant possesses sufficient skills that the participant 23.34 is likely to succeed in obtaining suitable employment, the 23.35 participant must conduct job search for a period of up to eight 23.36 weeks, for at least 30 hours per week. The participant must 24.1 accept any offer of suitable employment. Upon agreement by the 24.2 job counselor and the participant, a job search support plan may 24.3 limit a job search to jobs that are consistent with the 24.4 participant's employment goal. The job counselor and 24.5 participant must develop a job search support plan which 24.6 specifies, at a minimum: whether the job search is to be 24.7 supervised or unsupervised; support services that will be 24.8 provided while the participant conducts job search activities; 24.9 the courses necessary to obtain certification or licensure, if 24.10 applicable, and after obtaining the license or certificate, the 24.11 client must comply with subdivision 5; and how frequently the 24.12 participant must report to the job counselor on the status of 24.13 the participant's job search activities. The job search support 24.14 plan must also specify that the participant fulfill no more than 24.15 half of the required hours of job search through attending adult 24.16 basic education or English as a second language classes, if one 24.17 or both of those activities are approved by the job counselor. 24.18 (b) During the eight-week job search period, either the job 24.19 counselor or the participant may request a review of the 24.20 participant's job search plan and progress towards obtaining 24.21 suitable employment. If a review is requested by the 24.22 participant, the job counselor must concur that the review is 24.23 appropriate for the participant at that time. If a review is 24.24 conducted, the job counselor may make a determination to conduct 24.25 a secondary assessment prior to the conclusion of the job search. 24.26 (c) Failure to conduct the required job search, to accept 24.27 any offer of suitable employment, to develop or comply with a 24.28 job search support plan, or voluntarily quitting suitable 24.29 employment without good cause results in the imposition of a 24.30 sanction under section 256J.46. If at the end of eight weeks 24.31 the participant has not obtained suitable employment, the job 24.32 counselor must conduct a secondary assessment of the participant 24.33 under subdivision34. 24.34 (d) In order for an English as a second language (ESL) 24.35 class to be an approved work activity, a participant must be at 24.36 or below a spoken language proficiency level of SPL5 or its 25.1 equivalent, as measured by a nationally recognized test. A 25.2 participant may not be approved for more than a total of 24 25.3 months of ESL activities while participating in the employment 25.4 and training services component of MFIP. In approving ESL as a 25.5 work activity, the job counselor must give preference to 25.6 enrollment in an intensive ESL program, if one is available, 25.7 over a regular ESL program. If an intensive ESL program is 25.8 approved, the restriction in paragraph (a) that no more than 25.9 half of the required hours of job search is fulfilled through 25.10 attending ESL classes does not apply. 25.11 [EFFECTIVE DATE.] This section is effective October 1, 2001. 25.12 Sec. 26. Minnesota Statutes 2000, section 256J.52, 25.13 subdivision 6, is amended to read: 25.14 Subd. 6. [SAFETYALTERNATIVE EMPLOYMENT PLAN AND WAIVER 25.15 PROVISIONS.]Notwithstanding subdivisions 1 to 5, a participant25.16who is a victim of domestic violence and who agrees to develop25.17or has developed a safety plan meeting the definition under25.18section 256J.49, subdivision 11, is deferred from the25.19requirements of this section, sections 256J.54, and 256J.55 for25.20a period of three months from the date the safety plan is25.21approved. A participant deferred under this subdivision must25.22submit a safety plan status report to the county agency on a25.23quarterly basis. Based on a review of the status report, the25.24county agency may approve or renew the participant's deferral25.25each quarter, provided the personal safety of the participant is25.26still at risk and the participant is complying with the plan. A25.27participant who is deferred under this subdivision may be25.28deferred for a total of 12 months under a safety plan, provided25.29the individual is complying with the terms of the plan.25.30 Participants who have a safety plan under section 256J.49, 25.31 subdivision 11, in effect as of October 1, 2001, will have that 25.32 plan converted to an alternative employment plan upon their plan 25.33 renewal date. An alternative employment plan must be reviewed 25.34 at the end of the first six months to determine if the 25.35 activities contained in the alternative employment plan are 25.36 still appropriate. It is the responsibility of the job 26.1 counselor to contact the participant and notify them that their 26.2 plan is up for review, and document whether the participant 26.3 wishes to renew the plan. If the participant does not wish to 26.4 renew the plan, or if the participant fails to respond after 26.5 reasonable efforts to contact the participant are made by the 26.6 job counselor, the participant must participate in regular 26.7 employment services activities. If the participant requests 26.8 renewal of the plan or if there is a dispute over whether the 26.9 plan is still appropriate, the participant must receive the 26.10 assistance of a person trained in domestic violence. If the 26.11 person trained in domestic violence recommends that the 26.12 activities are still appropriate, the job counselor must renew 26.13 the alternative employment plan or provide written reasons why 26.14 the plan is not approved and document how denial of the plan 26.15 renewal does not interfere with the safety of the participant. 26.16 If the person trained in domestic violence recommends that the 26.17 activities are no longer appropriate, the plan must be revised 26.18 with the assistance of a person trained in domestic violence. 26.19 The job counselor must approve the revised plan or provide 26.20 written reasons why the plan is not approved and document how 26.21 denial of the plan renewal does not interfere with the safety of 26.22 the participant. After the first six months reviews may take 26.23 place quarterly. 26.24 Sec. 27. Minnesota Statutes 2000, section 256J.56, is 26.25 amended to read: 26.26 256J.56 [EMPLOYMENT AND TRAINING SERVICES COMPONENT; 26.27 EXEMPTIONS.] 26.28 (a) An MFIP caregiver is exempt from the requirements of 26.29 sections 256J.52 to 256J.55 if the caregiver belongs to any of 26.30 the following groups: 26.31 (1) individuals who are age 60 or older; 26.32 (2) individuals who are suffering from a professionally 26.33 certified permanent or temporary illness, injury, or incapacity 26.34 which is expected to continue for more than 30 days and which 26.35 prevents the person from obtaining or retaining employment. 26.36 Persons in this category with a temporary illness, injury, or 27.1 incapacity must be reevaluated at least quarterly; 27.2 (3) caregivers whose presence in the home is required 27.3 because ofthea professionally certified illness or incapacity 27.4 of another member in the assistance unit, a relative in the 27.5 household, or a foster child in the household which prevents the 27.6 caregivers from obtaining or retaining employment; 27.7 (4) women who are pregnant, if the pregnancy has resulted 27.8 in a professionally certified incapacity that prevents the woman 27.9 from obtaining or retaining employment; 27.10 (5) caregivers of a child under the age of one year who 27.11 personally provide full-time care for the child. This exemption 27.12 may be used for only 12 months in a lifetime. In two-parent 27.13 households, only one parent or other relative may qualify for 27.14 this exemption; 27.15 (6)individuals who are single parents, or one parent in a27.16two-parent family, employed at least 35 hours per week;27.17(7)individuals experiencing a personal or family crisis 27.18 that makes them incapable of participating in the program, as 27.19 determined by the county agency. If the participant does not 27.20 agree with the county agency's determination, the participant 27.21 may seek professional certification, as defined in section 27.22 256J.08, that the participant is incapable of participating in 27.23 the program. Persons in this exemption category must be 27.24 reevaluated every 60 days; 27.25(8) second parents in two-parent families employed for 2027.26or more hours per week, provided the first parent is employed at27.27least 35 hours per week;or 27.28(9)(7) caregivers with a child or an adult in the 27.29 household who meets the disability or medical criteria for home 27.30 care services under section 256B.0627, subdivision 1, paragraph 27.31 (c), or a home and community-based waiver services program under 27.32 chapter 256B, or meets the criteria for severe emotional 27.33 disturbance under section 245.4871, subdivision 6, or for 27.34 serious and persistent mental illness under section 245.462, 27.35 subdivision 20, paragraph (c). Caregivers in this exemption 27.36 category are presumed to be prevented from obtaining or 28.1 retaining employment. 28.2 (b) A personal or family crisis related to family violence, 28.3 as determined by a job counselor with the assistance of a person 28.4 experienced with domestic violence, should not result in an 28.5 exemption but should be addressed through the development or 28.6 revision of an alternative employment plan under section 28.7 256J.52, subdivision 6, whichever is most appropriate. 28.8 (c) A caregiver who is exempt under clause (5) must enroll 28.9 in and attend an early childhood and family education class, a 28.10 parenting class, or some similar activity, if available, during 28.11 the period of time the caregiver is exempt under this section. 28.12 Notwithstanding section 256J.46, failure to attend the required 28.13 activity shall not result in the imposition of a sanction. 28.14(b)(d) The county agency must provide employment and 28.15 training services to MFIP caregivers who are exempt under this 28.16 section, but who volunteer to participate. Exempt volunteers 28.17 may request approval for any work activity under section 28.18 256J.49, subdivision 13. The hourly participation requirements 28.19 for nonexempt caregivers under section 256J.50, subdivision 5, 28.20 do not apply to exempt caregivers who volunteer to participate. 28.21 Sec. 28. Minnesota Statutes 2000, section 256J.62, 28.22 subdivision 2a, is amended to read: 28.23 Subd. 2a. [CASELOAD-BASED FUNDS ALLOCATION.] Effective for 28.24 state fiscal year 2000, and for all subsequent years, money 28.25 shall be allocated to counties and eligible tribal providers 28.26 based on their average number of MFIP cases as a proportion of 28.27 the statewide total number of MFIP cases: 28.28 (1) the average number of cases must be based upon counts 28.29 of MFIP or tribal TANF cases as of March 31, June 30, September 28.30 30, and December 31 of the previous calendar year, less the 28.31 number of child only cases and cases where all the caregivers 28.32 are age 60 or over. Two-parent cases, with the exception of 28.33 those with a caregiver age 60 or over, will be multiplied by a 28.34 factor of two; 28.35 (2) the MFIP or tribal TANF case count for each eligible 28.36 tribal provider shall be based upon the number of MFIP or tribal 29.1 TANF cases who are enrolled in, or are eligible for enrollment 29.2 in the tribe; and the case must be an active MFIP case; and the 29.3 case members must reside within the tribal program's service 29.4 delivery area; and 29.5 (3) MFIP or tribal TANF cases counted for determining 29.6 allocations to tribal providers shall be removed from the case 29.7 counts of the respective counties where they reside to prevent 29.8 duplicate counts;. 29.9(4) prior to allocating funds to counties and tribal29.10providers, $1,000,000 shall be set aside to allow the29.11commissioner to use these set-aside funds to provide funding to29.12county or tribal providers who experience an unforeseen influx29.13of participants or other emergent situations beyond their29.14control; and29.15(5) the commissioner shall use a portion of the funds in29.16clause (4) to offset a reduction in funds allocated to any29.17county between state fiscal year 1999 and state fiscal year 200029.18that results from the adjustment in clause (3). The funding29.19provided under this clause must reduce by half the reduction for29.20state fiscal year 2000 that any county would otherwise29.21experience in the absence of this clause.29.22Any funds specified in this clause that remain unspent by March29.2331 of each year shall be reallocated out to county and tribal29.24providers using the funding formula detailed in clauses (1) to29.25(5).29.26 Sec. 29. Minnesota Statutes 2000, section 256J.62, 29.27 subdivision 9, is amended to read: 29.28 Subd. 9. [CONTINUATION OF CERTAIN SERVICES.] At the 29.29 request of the caregiver, the county may continue to provide 29.30 case management, counseling or other support services to a 29.31 participant following the participant's achievement of the 29.32 employment goal, for up to 12 months following termination of 29.33 the participant's eligibility for MFIP, as long as the 29.34 participant's household income is below 200 percent of the 29.35 federal poverty guidelines. 29.36A county may expend funds for a specific employment and30.1training service for the duration of that service to a30.2participant if the funds are obligated or expended prior to the30.3participant losing MFIP eligibility.30.4 Sec. 30. Minnesota Statutes 2000, section 256J.645, is 30.5 amended to read: 30.6 256J.645 [INDIAN TRIBEMFIP-SMFIP EMPLOYMENTAND TRAINING30.7 SERVICES.] 30.8 Subdivision 1. [AUTHORIZATION TO ENTER INTO AGREEMENTS.] 30.9 Effective July 1, 1997, the commissioner may enter into 30.10 agreements with federally recognized Indian tribes with a 30.11 reservation in the state to provideMFIP-SMFIP employmentand30.12trainingservices to members of the Indian tribe and to other 30.13 caregivers who are a part of the tribal member'sMFIP-SMFIP 30.14 assistance unit. For purposes of this section, "Indian tribe" 30.15 means a tribe, band, nation, or other federally recognized group 30.16 or community of Indians. The commissioner may also enter into 30.17 an agreement with a consortium of Indian tribes providing the 30.18 governing body of each Indian tribe in the consortium complies 30.19 with the provisions of this section. 30.20 Subd. 2. [TRIBAL REQUIREMENTS.] The Indian tribe must: 30.21 (1) agree to fulfill the responsibilities provided under 30.22 the employmentand trainingservices component ofMFIP-SMFIP 30.23 regarding operation ofMFIP-SMFIP employmentand training30.24 services, as designated by the commissioner; 30.25 (2) operate its employmentand trainingservices program 30.26 within a geographic service area not to exceed the counties 30.27 within which a border of the reservation falls; 30.28 (3) operate its program in conformity with section 13.46 30.29 and any applicable federal regulations in the use of data about 30.30MFIP-SMFIP recipients; 30.31 (4) coordinate operation of its program with the county 30.32 agency,Job Training PartnershipWorkforce Investment Act 30.33 programs, and other support services or employment-related 30.34 programs in the counties in which the tribal unit's program 30.35 operates; 30.36 (5) provide financial and program participant activity 31.1 recordkeeping and reporting in the manner and using the forms 31.2 and procedures specified by the commissioner and permit 31.3 inspection of its program and records by representatives of the 31.4 state; and 31.5 (6) have the Indian tribe's employmentand trainingservice 31.6 provider certified by the commissioner of economic security, or 31.7 approved by the county. 31.8 Subd. 3. [FUNDING.] If the commissioner and an Indian 31.9 tribe are parties to an agreement under this subdivision, the 31.10 agreementmayshall annually provide to the Indian tribe the 31.11 fundingamount in clause (1) or (2):allocated in section 31.12 256J.62, subdivisions 1 and 2a. 31.13(1) if the Indian tribe operated a tribal STRIDE program31.14during state fiscal year 1997, the amount to be provided is the31.15amount the Indian tribe received from the state for operation of31.16its tribal STRIDE program in state fiscal year 1997, except that31.17the amount provided for a fiscal year may increase or decrease31.18in the same proportion that the total amount of state and31.19federal funds available for MFIP-S employment and training31.20services increased or decreased that fiscal year; or31.21(2) if the Indian tribe did not operate a tribal STRIDE31.22program during state fiscal year 1997, the commissioner may31.23provide to the Indian tribe for the first year of operations the31.24amount determined by multiplying the state allocation for MFIP-S31.25employment and training services to each county agency in the31.26Indian tribe's service delivery area by the percentage of MFIP-S31.27recipients in that county who were members of the Indian tribe31.28during the previous state fiscal year. The resulting amount31.29shall also be the amount that the commissioner may provide to31.30the Indian tribe annually thereafter through an agreement under31.31this subdivision, except that the amount provided for a fiscal31.32year may increase or decrease in the same proportion that the31.33total amount of state and federal funds available for MFIP-S31.34employment and training services increased or decreased that31.35fiscal year.31.36 Subd. 4. [COUNTY AGENCY REQUIREMENT.] Indian tribal 32.1 members receivingMFIP-SMFIP benefits and residing in the 32.2 service area of an Indian tribe operating employmentand32.3trainingservices under an agreement with the commissioner must 32.4 be referred by county agencies in the service area to the Indian 32.5 tribe for employmentand trainingservices. 32.6 Sec. 31. Minnesota Statutes 2000, section 256K.03, 32.7 subdivision 5, is amended to read: 32.8 Subd. 5. [EXEMPTION CATEGORIES.] (a) The applicant will be 32.9 exempt from the job search requirements and development of a job 32.10 search plan and an employability development plan under 32.11 subdivisions 3, 4, and 8 if the applicant belongs to any of the 32.12 following groups: 32.13 (1) individuals who are age 60 or older; 32.14 (2) individuals who are suffering from a professionally 32.15 certified permanent or temporary illness, injury, or incapacity 32.16 which is expected to continue for more than 30 days and which 32.17 prevents the person from obtaining or retaining employment. 32.18 Persons in this category with a temporary illness, injury, or 32.19 incapacity must be reevaluated at least quarterly; 32.20 (3) caregivers whose presence in the home is needed because 32.21 ofthea professionally certified illness or incapacity of 32.22 another member in the assistance unit, a relative in the 32.23 household, or a foster child in the household which prevents the 32.24 caregivers from obtaining or retaining employment; 32.25 (4) women who are pregnant, if the pregnancy has resulted 32.26 in a professionally certified incapacity that prevents the woman 32.27 from obtaining and retaining employment; 32.28 (5) caregivers of a child under the age of one year who 32.29 personally provide full-time care for the child. This exemption 32.30 may be used for only 12 months in a lifetime. In two-parent 32.31 households, only one parent or other relative may qualify for 32.32 this exemption; or 32.33 (6)individuals who are single parents or one parent in a32.34two-parent family employed at least 35 hours per week;32.35(7)individuals experiencing a personal or family crisis 32.36 that makes them incapable of participating in the program, as 33.1 determined by the county agency. If the participant does not 33.2 agree with the county agency's determination, the participant 33.3 may seek professional certification, as defined in section 33.4 256J.08, that the participant is incapable of participating in 33.5 the program. Persons in this exemption category must be 33.6 reevaluated every 60 days; or. 33.7(8) second parents in two-parent families employed for 2033.8or more hours per week provided the first parent is employed at33.9least 35 hours per week.33.10 (b) A caregiver who is exempt under clause (5) must enroll 33.11 in and attend an early childhood and family education class, a 33.12 parenting class, or some similar activity, if available, during 33.13 the period of time the caregiver is exempt under this section. 33.14 Notwithstanding section 256J.46, failure to attend the required 33.15 activity shall not result in the imposition of a sanction. 33.16 Sec. 32. [REVISOR INSTRUCTION.] 33.17 In the next edition of Minnesota Statutes and Minnesota 33.18 Rules, the revisor shall change all references to Minnesota 33.19 Family Investment Program-Statewide (MFIP-S) to Minnesota Family 33.20 Investment Program (MFIP). 33.21 Sec. 33. [REPEALER.] 33.22 (a) Minnesota Statutes 2000, sections 256J.08, subdivision 33.23 50a; 256J.43; and 256J.52, subdivision 5a, are repealed. 33.24 (b) Minnesota Statutes 2000, section 256J.49, subdivision 33.25 11, is repealed October 1, 2001.