HF 1475

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:51am

A bill for an act
relating to human services; addressing Minnesota family investment program
eligibility and waivers for human trafficking victims; amending Minnesota
Statutes 2008, sections 256J.08, subdivision 90; 256J.32, subdivisions 4,
8; 256J.42, subdivision 4; 256J.425, subdivision 3; 256J.521, by adding a
subdivision; 256J.575, subdivision 3; proposing coding for new law in Minnesota
Statutes, chapter 256J.

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

Section 1.

Minnesota Statutes 2008, section 256J.08, subdivision 90, is amended to
read:

Subd. 90.

deleted text begin Severe deleted text end Forms of new text begin human new text end trafficking deleted text begin in persons deleted text end .

deleted text begin "Severe forms of
trafficking in persons" means deleted text end new text begin "Human trafficking" means new text end :

(1) sex trafficking new text begin :
new text end

new text begin (i) new text end in which a commercial sex act is induced by force, fraud, or coercion, or in
which the person induced to perform the act has not attained 18 years of age new text begin under the
Trafficking Victims Protection Act new text end ; or

deleted text begin (2) deleted text end new text begin (ii) new text end new text begin receiving, recruiting, enticing, harboring, providing, or obtaining by any
means an individual to aid in the prostitution of the individual under section 609.321,
subdivision 7a;
new text end

new text begin (2) labor trafficking:
new text end

new text begin (i) is new text end the recruitment, harboring, transportation, provision, or obtaining of a person
for labor or services through the use of force, fraud, or coercion for the purposes of
subjection to involuntary servitude, peonage, debt bondage, or slavery deleted text begin . deleted text end new text begin under the
Trafficking Victims Protection Act; or
new text end

new text begin (ii) the recruiting, transporting, transferring, harboring, enticing, providing,
obtaining, or receiving of a person by any means, whether a United States citizen or
foreign national, for the purpose of debt bondage or forced labor or services; slavery
or practices similar to slavery; or the removal of organs through the use of coercion or
intimidation under sections 609.281 to 609.284.
new text end

Sec. 2.

Minnesota Statutes 2008, section 256J.32, subdivision 4, is amended to read:

Subd. 4.

Factors to be verified.

The county agency shall verify the following
at application:

(1) identity of adults;

(2) presence of the minor child in the home, if questionable;

(3) relationship of a minor child to caregivers in the assistance unit;

(4) age, if necessary to determine MFIP eligibility;

(5) immigration status;

(6) Social Security number according to the requirements of section 256J.30,
subdivision 12;

(7) income;

(8) self-employment expenses used as a deduction;

(9) source and purpose of deposits and withdrawals from business accounts;

(10) spousal support and child support payments made to persons outside the
household;

(11) real property;

(12) vehicles;

(13) checking and savings accounts;

(14) savings certificates, savings bonds, stocks, and individual retirement accounts;

(15) pregnancy, if related to eligibility;

(16) inconsistent information, if related to eligibility;

(17) burial accounts;

(18) school attendance, if related to eligibility;

(19) residence;

(20) a claim of family violence if used as a basis to qualify for the family violence
waiver;

(21) new text begin a claim of human trafficking if used as a basis to qualify for the human
trafficking waiver under section 256J.546;
new text end

new text begin (22) new text end disability if used as the basis for reducing the hourly participation requirements
under section 256J.55, subdivision 1, or the type of activity included in an employment
plan under section 256J.521, subdivision 2; and

deleted text begin (22) deleted text end new text begin (23) new text end information needed to establish an exception under section 256J.24,
subdivision 9.

Sec. 3.

Minnesota Statutes 2008, section 256J.32, subdivision 8, is amended to read:

Subd. 8.

Personal statement.

The county agency may accept a signed personal
statement from the applicant or participant explaining the reasons that the documentation
requested in subdivision 2 is unavailable as sufficient documentation at the time of
application, recertification, or change related to eligibility only for the following factors:

(1) a claim of family violence if used as a basis to qualify for the family violence
waiver;

(2) new text begin a claim of human trafficking if used as a basis to qualify for the human trafficking
waiver under section 256J.546;
new text end

new text begin (3) new text end information needed to establish an exception under section 256J.24, subdivision
9;

deleted text begin (3) deleted text end new text begin (4) new text end relationship of a minor child to caregivers in the assistance unit;

deleted text begin (4) deleted text end new text begin (5) new text end citizenship status from a noncitizen who reports to be, or is identified
as, a victim of severe forms of trafficking in persons, if the noncitizen reports that
the noncitizen's immigration documents are being held by an individual or group of
individuals against the noncitizen's will. The noncitizen must follow up with the Office
of Refugee Resettlement (ORR) to pursue certification. If verification that certification
is being pursued is not received within 30 days, the MFIP case must be closed and the
agency shall pursue overpayments. The ORR documents certifying the noncitizen's
status as a victim of severe forms of trafficking in persons, or the reason for the delay in
processing, must be received within 90 days, or the MFIP case must be closed and the
agency shall pursue overpayments; and

deleted text begin (5) deleted text end new text begin (6) new text end other documentation unavailable for reasons beyond the control of the
applicant or participant. Reasonable attempts must have been made to obtain the
documents requested under subdivision 2.

Sec. 4.

Minnesota Statutes 2008, section 256J.42, subdivision 4, is amended to read:

Subd. 4.

Victims of family violence new text begin or human trafficking new text end .

Any cash assistance
received by an assistance unit in a month when a caregiver new text begin is a victim of family violence
or human trafficking and the caregiver new text end complied with a safety plan, an alternative
employment plan, or an employment plan under section 256J.521, subdivision 3, does
not count toward the 60-month limitation on assistance.

Sec. 5.

Minnesota Statutes 2008, 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 person who has been granted a human trafficking waiver, and who is complying
with an employment plan under section 256J.521, subdivision 3a new text end .

Sec. 6.

Minnesota Statutes 2008, section 256J.521, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Employment plan; human trafficking waiver. new text end

new text begin (a) A participant
who requests and qualifies for a human trafficking waiver shall develop or revise the
employment plan as specified in this subdivision with a job counselor or county, and
a person trained in human trafficking. The revised or new employment plan must be
approved by the county or the job counselor. The plan may address safety, legal, or
emotional issues and other demands on the family as a result of the human trafficking.
Information in section 256J.515, clauses (1) to (8), must be included as part of the
development of the plan.
new text end

new text begin (b) The primary goal of an employment plan developed under this subdivision is
to ensure the safety of the trafficked person and the person's children. To the extent it is
consistent with ensuring safety, the plan shall also include activities that are designed
to lead to economic stability. An activity is inconsistent with ensuring safety if, in
the opinion of a person trained in human trafficking, the activity would endanger the
safety of the participant or the participant's children. A plan under this subdivision may
not automatically include a provision that requires a participant to obtain an order for
protection or to attend counseling.
new text end

new text begin (c) If at any time there is a disagreement over whether the activities in the plan are
appropriate or whether the participant is not complying with activities in the plan under
this subdivision, the participant must receive the assistance of a person trained in human
trafficking to help resolve the disagreement or noncompliance with the county or job
counselor. If the person trained in human trafficking recommends that the activities are still
appropriate, the county or a job counselor must approve the activities in the plan or provide
written reasons why activities in the plan are not approved and document how denial of
the activities do not endanger the safety of the participant or the participant's children.
new text end

Sec. 7.

new text begin [256J.546] HUMAN TRAFFICKING WAIVER CRITERIA.
new text end

new text begin (a) In order to qualify for a human trafficking waiver, an individual must provide
documentation of past or current human trafficking, which may prevent the individual
from participating in certain employment activities.
new text end

new text begin (b) The following items may be considered acceptable documentation or verification
of human trafficking:
new text end

new text begin (1) police, government agency, or court records;
new text end

new text begin (2) a statement from staff in emergency shelter services, transitional, or permanent
housing or support services with knowledge of the circumstances or credible evidence
that supports the sworn statement;
new text end

new text begin (3) a statement from a sexual assault or domestic violence advocate with knowledge
of the circumstances or credible evidence that supports the sworn statement; or
new text end

new text begin (4) a statement from professionals from whom the applicant or recipient has sought
assistance for the harm suffered from human trafficking.
new text end

new text begin (c) A claim of human trafficking may also be documented by a sworn statement from
the applicant or participant and a sworn statement from any other person with knowledge
of the circumstances or credible evidence that supports the client's statement.
new text end

Sec. 8.

Minnesota Statutes 2008, section 256J.575, subdivision 3, is amended to read:

Subd. 3.

Eligibility.

(a) The following MFIP or diversionary work program (DWP)
participants are eligible for the services under this section:

(1) a participant who meets the requirements for or has been granted a hardship
extension under section 256J.425, subdivision 2 or 3, except that it is not necessary for
the participant to have reached or be approaching 60 months of eligibility for this section
to apply;

(2) a participant who is applying for Supplemental Security Income or Social
Security disability insurance; deleted text begin and
deleted text end

(3) a participant who is a noncitizen who has been in the United States for 12 or
fewer months new text begin ; and
new text end

new text begin (4) a recipient of the human trafficking waiver new text end .

(b) Families must meet all other eligibility requirements for MFIP established in
this chapter. Families are eligible for financial assistance to the same extent as if they
were participating in MFIP.

(c) A participant under paragraph (a), clause (3), must be provided with English as a
second language opportunities and skills training for up to 12 months. After 12 months,
the case manager and participant must determine whether the participant should continue
with English as a second language classes or skills training, or both, and continue to
receive family stabilization services.