HF 1997

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:57am

A bill for an act
relating to human services; providing for county mandate relief; making changes
to children's mental health, general assistance medical care, family services
collaboratives, MFIP, and county funeral expenses; amending Minnesota Statutes
2008, sections 245.4932, subdivision 1; 256D.051, subdivision 1a; 256F.13,
subdivisions 1, 2; 256J.40; 256J.46, subdivisions 1, 2; 256J.57, subdivision
2; 256J.575, subdivisions 5, 7; 261.035; repealing Minnesota Statutes 2008,
sections 245.492, subdivision 2; 256F.10, subdivision 7.

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

Section 1.

Minnesota Statutes 2008, section 245.4932, subdivision 1, is amended to
read:

Subdivision 1.

Collaborative responsibilities.

The children's mental health
collaborative shall have the following authority and responsibilities regarding federal
revenue enhancement:

(1) the collaborative must establish an integrated fund;

(2) the collaborative shall designate a lead county or other qualified entity as the
fiscal agency for reporting, claiming, and receiving payments;

(3) the collaborative or lead county may enter into subcontracts with other counties,
school districts, special education cooperatives, municipalities, and other public and
nonprofit entities for purposes of identifying and claiming eligible expenditures to enhance
federal reimbursement;

(4) the collaborative shall use any enhanced revenue attributable to the activities of
the collaborative, including administrative and service revenue, solely to provide mental
health services or to expand the operational target population. The lead county or other
qualified entity may not use enhanced federal revenue for any other purpose;

deleted text begin (5) the members of the collaborative must continue the base level of expenditures,
as defined in section 245.492, subdivision 2, for services for children with emotional or
behavioral disturbances and their families from any state, county, federal, or other public
or private funding source which, in the absence of the new federal reimbursement earned
under sections 245.491 to 245.495, would have been available for those services. The
base year for purposes of this subdivision shall be the accounting period closest to state
fiscal year 1993;
deleted text end

deleted text begin (6) deleted text end new text begin (5) new text end the collaborative or lead county must develop and maintain an accounting and
financial management system adequate to support all claims for federal reimbursement,
including a clear audit trail and any provisions specified in the contract with the
commissioner of human services;

deleted text begin (7) deleted text end new text begin (6) new text end the collaborative or its members may elect to pay the nonfederal share of the
medical assistance costs for services designated by the collaborative; and

deleted text begin (8) deleted text end new text begin (7) new text end the lead county or other qualified entity may not use federal funds or local
funds designated as matching for other federal funds to provide the nonfederal share of
medical assistance.

Sec. 2.

Minnesota Statutes 2008, section 256D.051, subdivision 1a, is amended to read:

Subd. 1a.

Notices and sanctions.

(a) At the time the county agency notifies the
household that it is eligible for food stamps, the county agency must inform all mandatory
employment and training services participants as identified in subdivision 1 in the
household that they must comply with all food stamp employment and training program
requirements each month, including the requirement to attend an initial orientation to the
food stamp employment and training program and that food stamp eligibility will end
unless the participants comply with the requirements specified in the notice.

(b) A participant who fails without good cause to comply with food stamp
employment and training program requirements of this section, including attendance at
orientation, will lose food stamp eligibility for the following periods:

(1) for the first occurrence, for one month or until the person complies with the
requirements not previously complied with, whichever is longer;

(2) for the second occurrence, for three months or until the person complies with the
requirements not previously complied with, whichever is longer; or

(3) for the third and any subsequent occurrence, for six months or until the person
complies with the requirements not previously complied with, whichever is longer.

If the participant is not the food stamp head of household, the person shall be
considered an ineligible household member for food stamp purposes. If the participant is
the food stamp head of household, the entire household is ineligible for food stamps as
provided in Code of Federal Regulations, title 7, section 273.7(g). "Good cause" means
circumstances beyond the control of the participant, such as illness or injury, illness or
injury of another household member requiring the participant's presence, a household
emergency, or the inability to obtain child care for children between the ages of six and
12 or to obtain transportation needed in order for the participant to meet the food stamp
employment and training program participation requirements.

(c) The deleted text begin county agency deleted text end new text begin job counselor new text end shall deleted text begin mail or hand deliver deleted text end new text begin provide new text end a notice new text begin of
failure to comply new text end to the participant not later than five days after determining that the
participant has failed without good cause to comply with food stamp employment and
training program requirements which specifies the requirements that were not complied
with, the factual basis for the determination of noncompliance, and new text begin informs the participant
of new text end the right to deleted text begin reinstate eligibility upon a showing of good cause for failure to meet the
requirements. The notice must ask the reason for the noncompliance and identify the
participant's appeal rights. The notice must request that the participant inform the county
agency if the participant believes that good cause existed for the failure to comply and
must state that the county agency intends to terminate eligibility for food stamp benefits
due to failure to comply with food stamp employment and training program requirements. deleted text end new text begin
request to meet with the job counselor or the job counselor's supervisor regarding the
determination of noncompliance. The notice must advise the participant to inform the job
counselor if the participant believes that good cause existed for failure to comply and
inform the participant of the right to reinstate eligibility upon a showing of good cause for
failure to meet the requirements. The notice must inform the participant that the county
intends to terminate food stamp benefits if the noncompliance is not resolved. The job
counselor shall then notify the county that sanctions are warranted due to failure to comply.
new text end

new text begin (d) Upon receiving the failure to comply notification from the job counselor in
paragraph (c):
new text end

new text begin (1) the county shall send a notice of adverse action to the participant informing the
participant of the sanction to be imposed, the reasons for the sanction, the effective date of
the sanction, and the participant's right to a fair hearing under section 256.045; and
new text end

new text begin (2) the participant may request to meet with the job counselor or the job counselor's
supervisor regarding the determination of noncompliance. If the noncompliance is
resolved, the job counselor shall notify the county that the participant came into
compliance.
new text end

deleted text begin (d) If the county agency determines that the participant did not comply during the
month with all food stamp employment and training program requirements that were in
effect, and if the county agency determines that good cause was not present, the county
must provide a ten-day notice of termination of food stamp benefits.
deleted text end

new text begin (e) new text end The amount of food stamps that are withheld from the household and
determination of the impact of the sanction on other household members is governed by
Code of Federal Regulations, title 7, section 273.7.

deleted text begin (e) The participant may appeal the termination of food stamp benefits under the
provisions of section 256.045.
deleted text end

Sec. 3.

Minnesota Statutes 2008, section 256F.13, subdivision 1, is amended to read:

Subdivision 1.

Federal revenue enhancement.

(a) The commissioner of human
services may enter into an agreement with one or more family services collaboratives
to enhance federal reimbursement under title IV-E of the Social Security Act and
federal administrative reimbursement under title XIX of the Social Security Act. The
commissioner may contract with the Department of Education for purposes of transferring
the federal reimbursement to the commissioner of education to be distributed to the
collaboratives according to clause (2). The commissioner shall have the following
authority and responsibilities regarding family services collaboratives:

(1) the commissioner shall submit amendments to state plans and seek waivers as
necessary to implement the provisions of this section;

(2) the commissioner shall pay the federal reimbursement earned under this
subdivision to each collaborative based on their earnings. Payments to collaboratives for
expenditures under this subdivision will only be made of federal earnings from services
provided by the collaborative;

(3) deleted text begin the commissioner shall review expenditures of family services collaboratives
using reports specified in the agreement with the collaborative to ensure that the base level
of expenditures is continued and new federal reimbursement is used to expand education,
social, health, or health-related services to young children and their families;
deleted text end

deleted text begin (4) the commissioner may reduce, suspend, or eliminate a family services
collaborative's obligations to continue the base level of expenditures or expansion of
services if the commissioner determines that one or more of the following conditions
apply:
deleted text end

deleted text begin (i) imposition of levy limits that significantly reduce available funds for social,
health, or health-related services to families and children;
deleted text end

deleted text begin (ii) reduction in the net tax capacity of the taxable property eligible to be taxed by
the lead county or subcontractor that significantly reduces available funds for education,
social, health, or health-related services to families and children;
deleted text end

deleted text begin (iii) reduction in the number of children under age 19 in the county, collaborative
service delivery area, subcontractor's district, or catchment area when compared to the
number in the base year using the most recent data provided by the State Demographer's
Office; or
deleted text end

deleted text begin (iv) termination of the federal revenue earned under the family services collaborative
agreement;
deleted text end

deleted text begin (5) deleted text end the commissioner shall not use the federal reimbursement earned under this
subdivision in determining the allocation or distribution of other funds to counties or
collaboratives;

deleted text begin (6) deleted text end new text begin (4) new text end the commissioner may suspend, reduce, or terminate the federal
reimbursement to a provider that does not meet the reporting or other requirements
of this subdivision;

deleted text begin (7) deleted text end new text begin (5) new text end the commissioner shall recover from the family services collaborative any
federal fiscal disallowances or sanctions for audit exceptions directly attributable to the
family services collaborative's actions in the integrated fund, or the proportional share if
federal fiscal disallowances or sanctions are based on a statewide random sample; and

deleted text begin (8) deleted text end new text begin (6) new text end the commissioner shall establish criteria for the family services collaborative
for the accounting and financial management system that will support claims for federal
reimbursement.

(b) The family services collaborative shall have the following authority and
responsibilities regarding federal revenue enhancement:

(1) the family services collaborative shall be the party with which the commissioner
contracts. A lead county shall be designated as the fiscal agency for reporting, claiming,
and receiving payments;

(2) the family services collaboratives may enter into subcontracts with other
counties, school districts, special education cooperatives, municipalities, and other public
and nonprofit entities for purposes of identifying and claiming eligible expenditures to
enhance federal reimbursement, or to expand education, social, health, or health-related
services to families and children;

deleted text begin (3) the family services collaborative must continue the base level of expenditures for
education, social, health, or health-related services to families and children from any state,
county, federal, or other public or private funding source which, in the absence of the new
federal reimbursement earned under this subdivision, would have been available for those
services, except as provided in paragraph (a), clause (4). The base year for purposes of this
subdivision shall be the four-quarter calendar year ending at least two calendar quarters
before the first calendar quarter in which the new federal reimbursement is earned;
deleted text end

deleted text begin (4) the family services collaborative must use all new federal reimbursement
resulting from federal revenue enhancement to expand expenditures for education, social,
health, or health-related services to families and children beyond the base level, except
as provided in paragraph (a), clause (4);
deleted text end

deleted text begin (5) deleted text end new text begin (3) new text end the family services collaborative must ensure that expenditures submitted
for federal reimbursement are not made from federal funds or funds used to match other
federal funds. Notwithstanding section 256B.19, subdivision 1, for the purposes of family
services collaborative expenditures under agreement with the department, the nonfederal
share of costs shall be provided by the family services collaborative from sources other
than federal funds or funds used to match other federal funds;

deleted text begin (6) deleted text end new text begin (4) new text end the family services collaborative must develop and maintain an accounting
and financial management system adequate to support all claims for federal reimbursement,
including a clear audit trail and any provisions specified in the agreement; and

deleted text begin (7) deleted text end new text begin (5) new text end the family services collaborative shall submit an annual report to the
commissioner as specified in the agreement.

Sec. 4.

Minnesota Statutes 2008, section 256F.13, subdivision 2, is amended to read:

Subd. 2.

Agreements with family services collaboratives.

At a minimum, the
agreement between the commissioner and the family services collaborative shall include
the following provisions:

(1) specific documentation of the expenditures eligible for federal reimbursement;

(2) the process for developing and submitting claims to the commissioner;

(3) specific identification of the education, social, health, or health-related services
to families and children which are to be expanded with the federal reimbursement;

deleted text begin (4) reporting and review procedures ensuring that the family services collaborative
must continue the base level of expenditures for the education, social, health, or
health-related services for families and children as specified in clause (3);
deleted text end

deleted text begin (5) reporting and review procedures to ensure that federal revenue earned under this
section is spent specifically to expand education, social, health, or health-related services
for families and children as specified in clause (4);
deleted text end

deleted text begin (6) deleted text end new text begin (4) new text end the period of time, not to exceed three years, governing the terms of the
agreement and provisions for amendments to, and renewal of the agreement; and

deleted text begin (7) deleted text end new text begin (5) new text end an annual report prepared by the family services collaborative.

Sec. 5.

Minnesota Statutes 2008, section 256J.40, is amended to read:

256J.40 FAIR HEARINGS.

Caregivers receiving a deleted text begin notice of intent to sanction or a deleted text end notice of adverse action that
includes a sanction, reduction in benefits, suspension of benefits, denial of benefits, or
termination of benefits may request a fair hearing. A request for a fair hearing must be
submitted in writing to the county agency or to the commissioner and must be mailed
within 30 days after a participant or former participant receives written notice of the
agency's action or within 90 days when a participant or former participant shows good
cause for not submitting the request within 30 days. A former participant who receives a
notice of adverse action due to an overpayment may appeal the adverse action according
to the requirements in this section. Issues that may be appealed are:

(1) the amount of the assistance payment;

(2) a suspension, reduction, denial, or termination of assistance;

(3) the basis for an overpayment, the calculated amount of an overpayment, and
the level of recoupment;

(4) the eligibility for an assistance payment; and

(5) the use of protective or vendor payments under section 256J.39, subdivision 2,
clauses (1) to (3).

Except for benefits issued under section 256J.95, a county agency must not reduce,
suspend, or terminate payment when an aggrieved participant requests a fair hearing
prior to the effective date of the adverse action or within ten days of the mailing of the
notice of adverse action, whichever is later, unless the participant requests in writing not
to receive continued assistance pending a hearing decision. An appeal request cannot
extend benefits for the diversionary work program under section 256J.95 beyond the
four-month time limit. Assistance issued pending a fair hearing is subject to recovery
under section 256J.38 when as a result of the fair hearing decision the participant is
determined ineligible for assistance or the amount of the assistance received. A county
agency may increase or reduce an assistance payment while an appeal is pending when the
circumstances of the participant change and are not related to the issue on appeal. The
commissioner's order is binding on a county agency. No additional notice is required to
enforce the commissioner's order.

A county agency shall reimburse appellants for reasonable and necessary expenses
of attendance at the hearing, such as child care and transportation costs and for the
transportation expenses of the appellant's witnesses and representatives to and from the
hearing. Reasonable and necessary expenses do not include legal fees. Fair hearings
must be conducted at a reasonable time and date by an impartial referee employed by
the department. The hearing may be conducted by telephone or at a site that is readily
accessible to persons with disabilities.

The appellant may introduce new or additional evidence relevant to the issues on
appeal. Recommendations of the appeals referee and decisions of the commissioner
must be based on evidence in the hearing record and are not limited to a review of the
county agency action.

Sec. 6.

Minnesota Statutes 2008, section 256J.46, subdivision 1, is amended to read:

Subdivision 1.

Participants not complying with program requirements.

(a)
A participant who fails without good cause under section 256J.57 to comply with the
requirements of this chapter, and who is not subject to a sanction under subdivision 2,
shall be subject to a sanction as provided in this subdivision. Prior to the imposition of
a sanction, a county agency shall provide a notice of deleted text begin intent to sanction under section
256J.57, subdivision 2, and, when applicable, a notice of deleted text end adverse action as provided
in section 256J.31.

(b) deleted text begin A sanction under this subdivision becomes effective the month following the
month in which a required notice is given. deleted text end A sanction must not be imposed when a
participant comes into compliance with the requirements for orientation under section
256J.45 new text begin or the requirements for employment and training services under sections 256J.515
to 256J.57 new text end prior to the effective date of the sanction. deleted text begin A sanction must not be imposed
when a participant comes into compliance with the requirements for employment and
training services under sections 256J.515 to 256J.57 ten days prior to the effective date
of the sanction. deleted text end For purposes of this subdivision, each month that a participant fails to
comply with a requirement of this chapter shall be considered a separate occurrence of
noncompliance. If both participants in a two-parent assistance unit are out of compliance
at the same time, it is considered one occurrence of noncompliance.

(c) Sanctions for noncompliance shall be imposed as follows:

(1) For the first occurrence of noncompliance by a participant in an assistance unit,
the assistance unit's grant shall be reduced by ten percent of the MFIP standard of need
for an assistance unit of the same size with the residual grant paid to the participant. The
reduction in the grant amount must be in effect for a minimum of one month and shall be
removed in the month following the month that the participant returns to compliance.

(2) For a second, third, fourth, fifth, or sixth occurrence of noncompliance by a
participant in an assistance unit, the assistance unit's shelter costs shall be vendor paid
up to the amount of the cash portion of the MFIP grant for which the assistance unit is
eligible. At county option, the assistance unit's utilities may also be vendor paid up to
the amount of the cash portion of the MFIP grant remaining after vendor payment of the
assistance unit's shelter costs. The residual amount of the grant after vendor payment, if
any, must be reduced by an amount equal to 30 percent of the MFIP standard of need for an
assistance unit of the same size before the residual grant is paid to the assistance unit. The
reduction in the grant amount must be in effect for a minimum of one month and shall be
removed in the month following the month that the participant in a one-parent assistance
unit returns to compliance. In a two-parent assistance unit, the grant reduction must
be in effect for a minimum of one month and shall be removed in the month following
the month both participants return to compliance. The vendor payment of shelter costs
and, if applicable, utilities shall be removed six months after the month in which the
participant or participants return to compliance. If an assistance unit is sanctioned under
this clause, the participant's case file must be reviewed to determine if the employment
plan is still appropriate.

(d) For a seventh occurrence of noncompliance by a participant in an assistance
unit, or when the participants in a two-parent assistance unit have a total of seven
occurrences of noncompliance, the county agency shall close the MFIP assistance unit's
financial assistance case, both the cash and food portions, and redetermine the family's
continued eligibility for food support payments. The MFIP case must remain closed for a
minimum of one full month. Before the case is closed, the county agency must review
the participant's case to determine if the employment plan is still appropriate and attempt
to meet with the participant face-to-face. The participant may bring an advocate to the
face-to-face meeting. If a face-to-face meeting is not conducted, the county agency must
send the participant a written notice that includes the information required under clause (1).

(1) During the face-to-face meeting, the county agency must:

(i) determine whether the continued noncompliance can be explained and mitigated
by providing a needed preemployment activity, as defined in section 256J.49, subdivision
13, clause (9);

(ii) determine whether the participant qualifies for a good cause exception under
section 256J.57, or if the sanction is for noncooperation with child support requirements,
determine if the participant qualifies for a good cause exemption under section 256.741,
subdivision 10;

(iii) determine whether the work activities in the employment plan are appropriate
based on the criteria in section 256J.521, subdivision 2 or 3;

(iv) determine whether the participant qualifies for the family violence waiver;

(v) inform the participant of the participant's sanction status and explain the
consequences of continuing noncompliance;

(vi) identify other resources that may be available to the participant to meet the
needs of the family; and

(vii) inform the participant of the right to appeal under section 256J.40.

(2) If the lack of an identified activity or service can explain the noncompliance, the
county must work with the participant to provide the identified activity.

(3) The grant must be restored to the full amount for which the assistance unit is
eligible retroactively to the first day of the month in which the participant was found to
lack preemployment activities or to qualify for a family violence waiver or for a good
cause exemption under section 256.741, subdivision 10, or 256J.57.

(e) For the purpose of applying sanctions under this section, only occurrences of
noncompliance that occur after July 1, 2003, shall be considered. If the participant is in
30 percent sanction in the month this section takes effect, that month counts as the first
occurrence for purposes of applying the sanctions under this section, but the sanction
shall remain at 30 percent for that month.

(f) An assistance unit whose case is closed under paragraph (d) or (g), may
reapply for MFIP and shall be eligible if the participant complies with MFIP program
requirements and demonstrates compliance for up to one month. No assistance shall be
paid during this period.

(g) An assistance unit whose case has been closed for noncompliance, that reapplies
under paragraph (f), is subject to sanction under paragraph (c), clause (2), for a first
occurrence of noncompliance. Any subsequent occurrence of noncompliance shall result
in case closure under paragraph (d).

Sec. 7.

Minnesota Statutes 2008, section 256J.46, subdivision 2, is amended to read:

Subd. 2.

Sanctions for refusal to cooperate with support requirements.

The
grant of an MFIP caregiver who refuses to cooperate, as determined by the child support
enforcement agency, with support requirements under section 256.741, shall be subject
to sanction as specified in this subdivision and subdivision 1. For a first occurrence of
noncooperation, the assistance unit's grant must be reduced by 30 percent of the applicable
MFIP standard of need. Subsequent occurrences of noncooperation shall be subject to
sanction under subdivision 1, paragraphs (c), clause (2), and (d). The residual amount
of the grant, if any, must be paid to the caregiver. deleted text begin A sanction under this subdivision
becomes effective the first month following the month in which a required notice is
given. deleted text end A sanction must not be imposed when a caregiver comes into compliance with
the requirements under section 256.741 prior to the effective date of the sanction. The
sanction shall be removed in the month following the month that the caregiver cooperates
with the support requirements. Each month that an MFIP caregiver fails to comply
with the requirements of section 256.741 must be considered a separate occurrence of
noncompliance for the purpose of applying sanctions under subdivision 1, paragraphs
(c), clause (2), and (d).

Sec. 8.

Minnesota Statutes 2008, section 256J.57, subdivision 2, is amended to read:

Subd. 2.

Notice of deleted text begin intent to sanction deleted text end new text begin failure to comply new text end .

(a) When a participant
fails without good cause to comply with the requirements of sections 256J.515 to 256J.57,
new text begin within five days new text end the job counselor deleted text begin or the county agency deleted text end must provide a notice of deleted text begin intent to
sanction deleted text end new text begin failure to comply new text end to the participant deleted text begin specifying deleted text end new text begin and notify the county in writing
that a sanction is to be imposed. The county shall then send a notice of adverse action to
the participant informing the participant of the sanction that will be imposed, the reasons
for the sanction, the effective date of the sanction, and the participant's right to a fair
hearing under section 256J.40.
new text end

new text begin (b) The notice of failure to comply must specify new text end the program requirements that were
not complied with, deleted text begin informing deleted text end new text begin the factual basis for the determination of noncompliance,
and inform the participant of the right to request to meet with the job counselor or the job
counselor's supervisor regarding the determination of noncompliance. The notice must
advise the participant to inform the job counselor if the participant believes that good
cause existed for the failure to comply and inform the participant of the right to continue
eligibility if there is good cause for the noncompliance. The notice must inform new text end the
participant that the county agency will impose the sanctions specified in section 256J.46,
and deleted text begin informing the participant of the opportunity to request a conciliation conference as
specified in paragraph (b). The notice deleted text end must also state that the participant's continuing
noncompliance with the specified requirements will result in additional sanctions under
section 256J.46, without the need for additional notices or conciliation conferences
under this subdivision. deleted text begin The notice, written in English, must include the Department of
Human Services language block, and must be sent to every applicable participant. If the
participant does not request a conciliation conference within ten calendar days of the
mailing of the notice of intent to sanction,
deleted text end

new text begin (c) Upon receiving the notice of failure to comply, the participant may request to
meet with the job counselor or the job counselor's supervisor regarding the determination
of noncompliance. If the noncompliance is resolved, new text end the job counselor must notify the
county agency that the deleted text begin assistance payment should be reduced. The county must then send
a notice of adverse action to the participant informing the participant of the sanction
that will be imposed, the reasons for the sanction, the effective date of the sanction, and
the participant's right to have a fair hearing under section 256J.40 deleted text end new text begin participant came into
compliance new text end .

deleted text begin (b) deleted text end new text begin (d) new text end The participant may request a conciliation conference by sending a written
request, by making a telephone request, or by making an in-person request. The request
must be received within ten calendar days of the date the county agency mailed the
ten-day notice of intent to sanction. If a timely request for a conciliation is received, the
county agency's service provider must conduct the conference within five days of the
request. The job counselor's supervisor, or a designee of the supervisor, must review
the outcome of the conciliation conference. If the conciliation conference resolves the
noncompliance, the job counselor must promptly inform the county agency and request
withdrawal of the sanction notice.

deleted text begin (c) deleted text end new text begin (e) new text end Upon receiving a sanction notice, the participant may request a fair hearing
under section 256J.40, without exercising the option of a conciliation conference. In
such cases, the county agency shall not require the participant to engage in a conciliation
conference prior to the fair hearing.

deleted text begin (d) deleted text end new text begin (f) new text end If the participant requests a fair hearing or a conciliation conference, sanctions
will not be imposed until there is a determination of noncompliance. Sanctions must be
imposed as provided in section 256J.46.

Sec. 9.

Minnesota Statutes 2008, section 256J.575, subdivision 5, is amended to read:

Subd. 5.

Case management; family stabilization plans; coordinated services.

(a)
The county agency or employment services provider shall provide family stabilization
services to families through a case management model. A case manager shall be assigned
to each participating family within 30 days after the family is determined to be eligible
for family stabilization services. The case manager, with the full involvement of the
participant, shall recommend, and the county agency shall establish and modify as
necessary, a family stabilization plan for each participating family. If a participant is
already assigned to a county case manager or a county-designated case manager in social
services, disability services, or housing services that case manager already assigned may
be the case manager for purposes of these services.

(b) The family stabilization plan must include:

(1) each participant's plan for long-term self-sufficiency, including an employment
goal where applicable;

(2) an assessment of each participant's strengths and barriers, and any special
circumstances of the participant's family that impact, or are likely to impact, the
participant's progress towards the goals in the plan; and

(3) an identification of the services, supports, education, training, and
accommodations needed to reduce or overcome any barriers to enable the family to
achieve self-sufficiency and to fulfill each caregiver's personal and family responsibilities.

(c) The case manager and the participant shall meet within 30 days of the family's
referral to the case manager. The initial family stabilization plan must be completed within
30 days of the first meeting with the case manager. The case manager shall establish a
schedule for periodic review of the family stabilization plan that includes personal contact
with the participant at least once per month. In addition, the case manager shall review
and, if necessary, modify the plan under the following circumstances:

(1) there is a lack of satisfactory progress in achieving the goals of the plan;

(2) the participant has lost unsubsidized or subsidized employment;

(3) a family member has failed or is unable to comply with a family stabilization
plan requirement;

(4) services, supports, or other activities required by the plan are unavailable;

(5) changes to the plan are needed to promote the well-being of the children; or

(6) the participant and case manager determine that the plan is no longer appropriate
for any other reason.

new text begin (d) The county agency or employment services provider are not required to provide
the services identified in the participant's family stabilization plan under paragraph (b),
clause (3), when money appropriated is not sufficient to provide the services.
new text end

Sec. 10.

Minnesota Statutes 2008, section 256J.575, subdivision 7, is amended to read:

Subd. 7.

Sanctions.

(a) The financial assistance grant of a participating family is
reduced according to section 256J.46, if a participating adult fails without good cause to
comply or continue to comply with the family stabilization plan requirements in this
subdivision, unless compliance has been excused under subdivision 6, paragraph (d).

(b) Given the purpose of the family stabilization services in this section and the
nature of the underlying family circumstances that act as barriers to both employment and
full compliance with program requirements, there must be a review by the county agency
prior to imposing a sanction to determine whether the plan was appropriated to the needs
of the participant and family, and that the participant in all ways had the ability to comply
with the plan, as confirmed by a behavioral health or medical professional.

(c) Prior to the imposition of a sanction, the county agency or employment services
provider shall review the participant's case to determine if the family stabilization plan
is still appropriate and meet with the participant face-to-face. The participant may bring
an advocate to the face-to-face meeting.

During the face-to-face meeting, the county agency shall:

(1) determine whether the continued noncompliance can be explained and mitigated
by providing a needed family stabilization service, as defined in subdivision 2, paragraph
(d);

(2) determine whether the participant qualifies for a good cause exception under
section 256J.57, or if the sanction is for noncooperation with child support requirements,
determine if the participant qualifies for a good cause exemption under section 256.741,
subdivision 10;

(3) determine whether activities in the family stabilization plan are appropriate
based on the family's circumstances;

(4) explain the consequences of continuing noncompliance;

(5) identify other resources that may be available to the participant to meet the
needs of the family; and

(6) inform the participant of the right to appeal under section 256J.40.

If the lack of an identified activity or service can explain the noncompliance, the
county shall work with the participant to provide the identified activity.

(d) If the participant fails to come to the face-to-face meeting, the case manager or a
designee shall attempt at least one home visit. If a face-to-face meeting is not conducted,
the county agency shall send the participant a written notice that includes the information
under paragraph (c).

(e) After the requirements of paragraphs (c) and (d) are met deleted text begin and prior to imposition
of a sanction, deleted text end the county agency shall provide deleted text begin a notice of intent to sanction under section
256J.57, subdivision 2, and, when applicable, deleted text end a notice of adverse action under section
256J.31.

(f) Section 256J.57 applies to this section except to the extent that it is modified
by this subdivision.

Sec. 11.

Minnesota Statutes 2008, section 261.035, is amended to read:

261.035 FUNERALS AT EXPENSE OF COUNTY.

When a person dies in any county without apparent means to provide for that
person's funeral or final disposition, the county deleted text begin board deleted text end shall first investigate to determine
whether that person had contracted for any prepaid funeral arrangements. If arrangements
have been made, the county shall authorize arrangements to be implemented in accord with
the instructions of the deceased. If it is determined that the person did not leave sufficient
means to defray the necessary expenses of a funeral and final disposition, nor any spouse
of sufficient ability to procure the burial, the county deleted text begin board deleted text end shall provide for a funeral and
final disposition of the person's remains to be made at the expense of the county. new text begin Counties
may establish a maximum rate for funeral expenses. new text end Any funeral and final disposition
provided at the expense of the county shall be in accordance with religious and moral
beliefs of the decedent or the decedent's spouse or the decedent's next of kin. If the wishes
of the decedent are not known and the county has no information about the existence of or
location of any next of kin, the county may determine the method of final disposition.

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 245.492, subdivision 2; and 256F.10, subdivision
7, new text end new text begin are repealed.
new text end