HF 2248

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to family and early childhood education; 
  1.3             consolidating the MFIP and basic sliding fee child 
  1.4             care assistance programs; amending Minnesota Statutes 
  1.5             2000, sections 119B.011, subdivisions 7, 19; 119B.02, 
  1.6             subdivisions 1, 2; 119B.03, subdivisions 3, 9, 10; 
  1.7             119B.05, subdivision 5; 119B.061; 119B.08, 
  1.8             subdivisions 2, 3, 4, by adding subdivisions; 119B.09, 
  1.9             subdivisions 1, 2, 7; 119B.10; 119B.11, subdivision 1; 
  1.10            119B.12, subdivision 2; 119B.13, subdivisions 1, 6; 
  1.11            119B.15; 119B.24; repealing Minnesota Statutes 2000, 
  1.12            sections 119B.011, subdivision 20; 119B.03, 
  1.13            subdivisions 1, 2, 4, 5, 6, 6a, 8; 119B.05, 
  1.14            subdivision 1; 119B.07; 119B.09, subdivision 3; 
  1.15            119B.11, subdivision 4. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 2000, section 119B.011, 
  1.18  subdivision 7, is amended to read: 
  1.19     Subd. 7.  [CHILD CARE SERVICES.] "Child care services" 
  1.20  means child care as defined in subdivision 5, provided in family 
  1.21  day care homes, group day care homes, nursery schools, day 
  1.22  nurseries, child day care centers, head start, and extended day 
  1.23  school age child care programs in or out of the child's home. 
  1.24     Sec. 2.  Minnesota Statutes 2000, section 119B.011, 
  1.25  subdivision 19, is amended to read: 
  1.26     Subd. 19.  [PROVIDER.] "Provider" means a child care 
  1.27  license holder who operates a family child care home, a group 
  1.28  family child care home, a child care center, a nursery school, a 
  1.29  day nursery, a school age care program; a license-exempt school 
  1.30  age care program operating under the auspices of a local school 
  2.1   board or a park or recreation board of a city of the first class 
  2.2   that has adopted school age care guidelines which meet or exceed 
  2.3   guidelines recommended by the department, or a nonlicensed an 
  2.4   individual or child care center or facility, licensed under 
  2.5   section 245A.03 or unlicensed, that provides legal child care 
  2.6   services as defined under subdivision 7.  A legally unlicensed 
  2.7   registered family child care provider who is must be at least 18 
  2.8   years of age, and who is not a member of the MFIP assistance 
  2.9   unit or a member of the family receiving child care assistance 
  2.10  under this chapter.  
  2.11     Sec. 3.  Minnesota Statutes 2000, section 119B.02, 
  2.12  subdivision 1, is amended to read: 
  2.13     Subdivision 1.  [CHILD CARE SERVICES.] The commissioner 
  2.14  shall develop standards for county and human services boards to 
  2.15  provide child care services to enable eligible families to 
  2.16  participate in employment, training, or education programs.  
  2.17  Within the limits of available appropriations, The commissioner 
  2.18  shall distribute money to counties to reduce the costs of child 
  2.19  care for eligible families.  The commissioner shall adopt rules 
  2.20  to govern the program in accordance with this section.  The 
  2.21  rules must establish a sliding schedule of fees for parents 
  2.22  receiving child care services.  The rules shall provide that 
  2.23  funds received as a lump sum payment of child support arrearages 
  2.24  shall not be counted as income to a family in the month received 
  2.25  but shall be prorated over the 12 months following receipt and 
  2.26  added to the family income during those months.  In the rules 
  2.27  adopted under this section, county and human services boards 
  2.28  shall be authorized to establish policies for payment of child 
  2.29  care spaces for absent children, when the payment is required by 
  2.30  the child's regular provider.  The rules shall not set a maximum 
  2.31  number of days for which absence payments can be made, but 
  2.32  instead shall direct the county agency to set limits and pay for 
  2.33  absences according to the prevailing market practice in the 
  2.34  county.  County policies for payment of absences shall be 
  2.35  subject to the approval of the commissioner.  The commissioner 
  2.36  shall maximize the use of federal money under title I and title 
  3.1   IV of Public Law Number 104-193, the Personal Responsibility and 
  3.2   Work Opportunity Reconciliation Act of 1996, and other programs 
  3.3   that provide federal or state reimbursement for child care 
  3.4   services for low-income families who are in education, training, 
  3.5   job search, or other activities allowed under those programs.  
  3.6   Money appropriated under this section must be coordinated with 
  3.7   the programs that provide federal reimbursement for child care 
  3.8   services to accomplish this purpose.  Federal reimbursement 
  3.9   obtained must be allocated to the county that spent money for 
  3.10  child care that is federally reimbursable under programs that 
  3.11  provide federal reimbursement for child care services.  The 
  3.12  counties commissioner shall use the federal money to expand 
  3.13  child care services.  The commissioner may adopt rules under 
  3.14  chapter 14 to implement and coordinate federal program 
  3.15  requirements.  If the November forecast shows biennial 
  3.16  expenditures projected to be above 110 percent of the biennial 
  3.17  appropriation, the commissioner, in conjunction with the 
  3.18  commissioner of finance, shall prepare a plan to bring biennial 
  3.19  program spending to within 110 percent of the consolidated child 
  3.20  care assistance appropriation for that biennium.  The proposal 
  3.21  to control program expenditures will be delivered to the 
  3.22  legislature or legislative advisory commission by January 15 
  3.23  following the November forecast.  
  3.24     Sec. 4.  Minnesota Statutes 2000, section 119B.02, 
  3.25  subdivision 2, is amended to read: 
  3.26     Subd. 2.  [CONTRACTUAL AGREEMENTS WITH TRIBES.] The 
  3.27  commissioner may enter into contractual agreements with a 
  3.28  federally recognized Indian tribe with a reservation in 
  3.29  Minnesota to carry out the responsibilities of county human 
  3.30  service agencies to the extent necessary for the tribe to 
  3.31  operate child care assistance programs for families eligible 
  3.32  under sections 119B.03 119B.09 and 119B.05 119B.10.  An 
  3.33  agreement may allow for the tribe to be reimbursed for child 
  3.34  care assistance services provided under section 119B.05.  The 
  3.35  commissioner shall consult with the affected county or counties 
  3.36  in the contractual agreement negotiations, if the county or 
  4.1   counties wish to be included, in order to avoid the duplication 
  4.2   of county and tribal child care services.  Funding to support 
  4.3   services under section 119B.03 may be transferred to the 
  4.4   federally recognized Indian tribe with a reservation in 
  4.5   Minnesota from allocations available to counties in which 
  4.6   reservation boundaries lie.  When funding is transferred under 
  4.7   section 119B.03, the amount shall be commensurate to estimates 
  4.8   of the proportion of reservation residents with characteristics 
  4.9   identified in section 119B.03, subdivision 6, to the total 
  4.10  population of county residents with those same characteristics.  
  4.11     Sec. 5.  Minnesota Statutes 2000, section 119B.03, 
  4.12  subdivision 3, is amended to read: 
  4.13     Subd. 3.  [ELIGIBLE PARTICIPANTS.] Families that meet the 
  4.14  eligibility requirements under sections 119B.07, 119B.09, and 
  4.15  119B.10, except MFIP participants, work first participants, and 
  4.16  transition year families are eligible for child care 
  4.17  assistance under the basic sliding fee through the child care 
  4.18  assistance program.  Families enrolled in the basic sliding fee 
  4.19  child care assistance program shall be continued until they are 
  4.20  no longer eligible.  Child care assistance provided through the 
  4.21  child care fund is considered assistance to the parent. 
  4.22     Sec. 6.  Minnesota Statutes 2000, section 119B.03, 
  4.23  subdivision 9, is amended to read: 
  4.24     Subd. 9.  [PORTABILITY POOL FAMILY MOVE; CONTINUED 
  4.25  PARTICIPATION.] (a) The commissioner shall establish a pool of 
  4.26  up to five percent of the annual appropriation for the basic 
  4.27  sliding fee program to provide continuous child care assistance 
  4.28  for eligible families who move between Minnesota counties.  At 
  4.29  the end of each allocation period, any unspent funds in the 
  4.30  portability pool must be used for assistance under the basic 
  4.31  sliding fee program.  If expenditures from the portability pool 
  4.32  exceed the amount of money available, the reallocation pool must 
  4.33  be reduced to cover these shortages. 
  4.34     (b) To be eligible for portable basic sliding fee 
  4.35  assistance, a family that has moved from a county in which it A 
  4.36  family receiving child care assistance under the child care fund 
  5.1   that has moved from a county in which the family was receiving 
  5.2   basic sliding fee child care assistance to a another county 
  5.3   with a waiting list for the basic sliding fee program must be 
  5.4   admitted into the receiving county's child care assistance 
  5.5   program if the family: 
  5.6      (1) meet meets the income and eligibility guidelines for 
  5.7   the basic sliding fee child care assistance program; and 
  5.8      (2) notify notifies the new county of residence within 30 
  5.9   60 days of moving and apply applies for basic sliding fee 
  5.10  child care assistance in the new county of residence. 
  5.11     (c) (b) The receiving county must: 
  5.12     (1) accept administrative responsibility for applicants for 
  5.13  portable basic sliding fee assistance at the end of the two 
  5.14  months of assistance under the Unitary Residency Act;. 
  5.15     (2) continue basic sliding fee assistance for the lesser of 
  5.16  six months or until the family is able to receive assistance 
  5.17  under the county's regular basic sliding program; and 
  5.18     (3) notify the commissioner through the quarterly reporting 
  5.19  process of any family that meets the criteria of the portable 
  5.20  basic sliding fee assistance pool. 
  5.21     Sec. 7.  Minnesota Statutes 2000, section 119B.03, 
  5.22  subdivision 10, is amended to read: 
  5.23     Subd. 10.  [APPLICATION; ENTRY POINTS.] Two or more methods 
  5.24  of applying for the basic sliding fee child care assistance 
  5.25  program under this chapter must be available to applicants in 
  5.26  each county.  To meet the requirements of this subdivision, a 
  5.27  county may provide alternative methods of applying for 
  5.28  assistance, including, but not limited to, a mail application, 
  5.29  or application sites that are located outside of government 
  5.30  offices. 
  5.31     Sec. 8.  Minnesota Statutes 2000, section 119B.05, 
  5.32  subdivision 5, is amended to read: 
  5.33     Subd. 5.  [FEDERAL REIMBURSEMENT.] Counties and the state 
  5.34  shall maximize their federal reimbursement under federal 
  5.35  reimbursement programs for money spent for persons eligible 
  5.36  under this chapter.  The commissioner shall allocate any federal 
  6.1   earnings to the county to be used to expand child care services 
  6.2   under this chapter. 
  6.3      Sec. 9.  Minnesota Statutes 2000, section 119B.061, is 
  6.4   amended to read: 
  6.5      119B.061 [AT-HOME INFANT CHILD CARE PROGRAM.] 
  6.6      Subdivision 1.  [ESTABLISHMENT.] A family in which a parent 
  6.7   provides care for the family's infant child may receive a 
  6.8   subsidy in lieu of assistance if the family is eligible for, or 
  6.9   is receiving assistance under the basic sliding fee child care 
  6.10  assistance program.  An eligible family must meet the 
  6.11  eligibility factors under section 119B.09, the income criteria 
  6.12  under section 119B.12 119B.09, and the requirements of this 
  6.13  section.  Subject to federal match and maintenance of effort 
  6.14  requirements for the child care and development fund, the 
  6.15  commissioner shall establish a pool of up to seven three percent 
  6.16  of the annual appropriation for the basic sliding fee child care 
  6.17  assistance program to provide assistance under the at-home 
  6.18  infant child care program.  At the end of a fiscal year, the 
  6.19  commissioner may carry forward any unspent funds under this 
  6.20  section to the next fiscal year within the same biennium for 
  6.21  assistance under the basic sliding fee child care assistance 
  6.22  program. 
  6.23     Subd. 2.  [ELIGIBLE FAMILIES.] A family with an infant 
  6.24  under the age of one year is eligible for assistance if: 
  6.25     (1) the family is not receiving MFIP, other cash 
  6.26  assistance, or other child care assistance; 
  6.27     (2) the family has not previously received all of the 
  6.28  one-year exemption from the work requirement for infant care 
  6.29  under the MFIP program; 
  6.30     (3) the family has not previously received a life-long 
  6.31  total of 12 months of assistance under this section; and 
  6.32     (4) the family is participating in the basic sliding fee 
  6.33  child care assistance program or provides verification of 
  6.34  participation in an authorized activity at the time of 
  6.35  application and meets the program requirements. 
  6.36     Subd. 3.  [ELIGIBLE PARENT.] A family is eligible for 
  7.1   assistance under this section if one parent cares for the 
  7.2   family's infant child.  The eligible parent must: 
  7.3      (1) be over the age of 18; 
  7.4      (2) care for the infant full-time in the infant's home; and 
  7.5      (3) care for any other children in the family who are 
  7.6   eligible for child care assistance under this chapter.  
  7.7      For the purposes of this section, "parent" means birth 
  7.8   parent, adoptive parent, or stepparent. 
  7.9      Subd. 4.  [ASSISTANCE.] (a) A family is limited to a 
  7.10  lifetime total of 12 months of assistance under this section. 
  7.11  The maximum rate of assistance is equal to 75 percent of the 
  7.12  rate established under section 119B.13 for care of infants in 
  7.13  licensed family child care in the applicant's county of 
  7.14  residence.  Assistance must be calculated to reflect the parent 
  7.15  fee requirement under section 119B.12 for the family's income 
  7.16  level and family size. 
  7.17     (b) A participating family must report income and other 
  7.18  family changes as specified in the county's plan under section 
  7.19  119B.08, subdivision 3.  The family must treat any assistance 
  7.20  received under this section as unearned income. 
  7.21     (c) Persons who are admitted to the at-home infant care 
  7.22  program retain their position in any basic sliding fee child 
  7.23  care assistance program or on any waiting list attained at the 
  7.24  time of admittance.  If they are on the waiting list under 
  7.25  section 119B.08, subdivision 3b, they must advance as if they 
  7.26  had not been admitted to the program.  Persons leaving the 
  7.27  at-home infant care program re-enter the basic sliding fee child 
  7.28  care assistance program at the position they would have occupied 
  7.29  or on the waiting list or at the position to which they would 
  7.30  have advanced.  Persons who would have attained eligibility for 
  7.31  the basic sliding fee child care assistance program must be 
  7.32  given assistance or advance to the top of the waiting list when 
  7.33  they leave the at-home infant care program.  Persons admitted to 
  7.34  the at-home infant care program who are not on a basic sliding 
  7.35  fee waiting list may apply to the basic sliding fee program, and 
  7.36  if eligible, be placed on the waiting list. 
  8.1      (d) The time that a family receives assistance under this 
  8.2   section must be deducted from the one-year exemption from work 
  8.3   requirements under the MFIP program. 
  8.4      (e) Assistance under this section does not establish an 
  8.5   employer-employee relationship between any member of the 
  8.6   assisted family and the county or state. 
  8.7      (f) The date of eligibility for the at-home infant child 
  8.8   care program is the later of the date the infant is born or, in 
  8.9   a county with a waiting list, the date the family applies for 
  8.10  at-home infant child care. 
  8.11     Subd. 5.  [IMPLEMENTATION.] (a) The commissioner shall 
  8.12  implement the at-home infant child care program under this 
  8.13  section through counties that administer the basic sliding fee 
  8.14  child care assistance program under section 119B.03 chapter 119B.
  8.15  The commissioner must develop and distribute consumer 
  8.16  information on the at-home infant care program to assist parents 
  8.17  of infants or expectant parents in making informed child care 
  8.18  decisions. 
  8.19     (b) The commissioner shall evaluate this program and report 
  8.20  the impact to the legislature by January 1, 2000.  The 
  8.21  evaluation must include data on the number of families 
  8.22  participating in the program; the number of families continuing 
  8.23  to pursue employment or education while participating in the 
  8.24  program; the average income of families prior to, during, and 
  8.25  after participation in the program; family size; and single 
  8.26  parent and two-parent status. 
  8.27     Sec. 10.  Minnesota Statutes 2000, section 119B.08, 
  8.28  subdivision 2, is amended to read: 
  8.29     Subd. 2.  [QUARTERLY PAYMENTS.] The commissioner may make 
  8.30  payments to each county in quarterly installments.  The 
  8.31  commissioner may certify an advance up to 25 percent of the 
  8.32  allocation.  Subsequent payments shall be made on a 
  8.33  reimbursement basis for reported expenditures and may be 
  8.34  adjusted for anticipated spending patterns.  Payments may be 
  8.35  withheld if quarterly reports are incomplete or untimely. 
  8.36     Sec. 11.  Minnesota Statutes 2000, section 119B.08, 
  9.1   subdivision 3, is amended to read: 
  9.2      Subd. 3.  [CHILD CARE FUND PLAN.] The county and designated 
  9.3   administering agency shall submit a child care fund plan to the 
  9.4   commissioner an annual child care fund plan in its biennial 
  9.5   community social services plan.  The commissioner shall 
  9.6   establish the dates by which the county must submit the plans.  
  9.7   The plan shall include: 
  9.8      (1) a narrative of the total program for child care 
  9.9   services, including all policies and procedures that affect 
  9.10  eligible families and are used to administer the child care 
  9.11  funds; 
  9.12     (2) the methods used by the county to inform eligible 
  9.13  families of the availability of child care assistance and 
  9.14  related services; 
  9.15     (3) the provider rates paid for all children with special 
  9.16  needs by provider type; and 
  9.17     (4) the county prioritization policy for all eligible 
  9.18  families under the basic sliding fee program; and 
  9.19     (5) other information as requested by the department to 
  9.20  ensure compliance with the child care fund statutes and rules 
  9.21  promulgated by the commissioner. 
  9.22     The commissioner shall notify counties within 60 90 days of 
  9.23  the date the plan is submitted whether the plan is approved or 
  9.24  the corrections or information needed to approve the plan.  The 
  9.25  commissioner shall withhold a county's allocation until it has 
  9.26  an approved plan.  Plans not approved by the end of the second 
  9.27  quarter after the plan is due may result in a 25 percent 
  9.28  reduction in allocation.  Plans not approved by the end of the 
  9.29  third quarter after the plan is due may result in a 100 percent 
  9.30  reduction in the allocation to the county payments to a county 
  9.31  until it has an approved plan.  Counties are to maintain 
  9.32  services despite any reduction in their allocation withholding 
  9.33  of payments due to plans not being approved. 
  9.34     Sec. 12.  Minnesota Statutes 2000, section 119B.08, is 
  9.35  amended by adding a subdivision to read: 
  9.36     Subd. 3a.  [RESTRICTED INCOME ELIGIBILITY.] If income 
 10.1   eligibility parameters have been restricted, counties may 
 10.2   continue to move families with income above the restricted 
 10.3   eligibility parameters but not to exceed the parameters in 
 10.4   section 119B.09, subdivision 1, paragraph (a), clause (1), into 
 10.5   the program using county funds.  These expenditures must be 
 10.6   reported separately and counties will only be reimbursed for 
 10.7   these expenditures if, at the end of the biennium, total program 
 10.8   expenditures are at or below the most recent forecast.  
 10.9      Sec. 13.  Minnesota Statutes 2000, section 119B.08, is 
 10.10  amended by adding a subdivision to read: 
 10.11     Subd. 3b.  [WAITING LIST.] Counties that do not move 
 10.12  families into the program with county funds must start a waiting 
 10.13  list if eligibility parameters are restricted and must report 
 10.14  this waiting list to the commissioner with other reports as 
 10.15  specified in subdivision 1.  Counties must determine income, 
 10.16  authorized activities, and family size before placing a family 
 10.17  on the waiting list. 
 10.18     Sec. 14.  Minnesota Statutes 2000, section 119B.08, is 
 10.19  amended by adding a subdivision to read: 
 10.20     Subd. 3c.  [FAMILY INFORMATION.] Counties that move 
 10.21  families into the program under subdivision 3a or place families 
 10.22  on the waiting list under subdivision 3b must report the number 
 10.23  of families served or placed on the waiting list, the date each 
 10.24  family began to receive service or was placed on the waiting 
 10.25  list, the income of the family and family size when they began 
 10.26  to receive service or were placed on the waiting list, and the 
 10.27  estimated cost of serving each family served under subdivision 
 10.28  3a to the commissioner on a form designated by the commissioner. 
 10.29     Sec. 15.  Minnesota Statutes 2000, section 119B.08, 
 10.30  subdivision 4, is amended to read: 
 10.31     Subd. 4.  [TERMINATION OF ALLOCATION.] The commissioner may 
 10.32  withhold, or reduce, or terminate the allocation of any funds 
 10.33  intended to reimburse counties for child care costs under the 
 10.34  child care fund if the county that does not meet the reporting, 
 10.35  planning, or other requirements of this program.  The 
 10.36  commissioner shall reallocate to other counties money so reduced 
 11.1   or terminated withholding or reduction of funds under this 
 11.2   subdivision does not relieve counties of their requirements 
 11.3   under this chapter.  
 11.4      Sec. 16.  Minnesota Statutes 2000, section 119B.09, 
 11.5   subdivision 1, is amended to read: 
 11.6      Subdivision 1.  [GENERAL ELIGIBILITY REQUIREMENTS FOR ALL 
 11.7   APPLICANTS FOR CHILD CARE ASSISTANCE.] (a) Child care services 
 11.8   must be available to families who need child care to find or 
 11.9   keep employment or to obtain the training or education necessary 
 11.10  to find employment as defined in section 119B.10, and who: 
 11.11     (1) meet the requirements of section 119B.05; receive MFIP 
 11.12  assistance; and are participating in employment and training 
 11.13  services under chapter 256J or 256K; 
 11.14     (2) have household income below the eligibility levels for 
 11.15  MFIP; or 
 11.16     (3) have household income within a range established by the 
 11.17  commissioner of:  (1) 75 percent of state median income or 
 11.18  below; or (2) the level of state median income established by 
 11.19  the commissioner if total expenditures are projected to exceed 
 11.20  the forecast by ten percent or more. 
 11.21     (b) Child care services must be made available as in-kind 
 11.22  services.  
 11.23     (c) All applicants for child care assistance and families 
 11.24  currently receiving child care assistance must be assisted and 
 11.25  required to cooperate in establishment of paternity and 
 11.26  enforcement of child support obligations for all children in the 
 11.27  family as a condition of program eligibility.  For purposes of 
 11.28  this section, a family is considered to meet the requirement for 
 11.29  cooperation when the family complies with the requirements of 
 11.30  section 256.741. 
 11.31     Sec. 17.  Minnesota Statutes 2000, section 119B.09, 
 11.32  subdivision 2, is amended to read: 
 11.33     Subd. 2.  [SLIDING FEE.] Child care services to eligible 
 11.34  families with incomes in the commissioner's established range 
 11.35  must be made available on a sliding fee basis.  The upper limit 
 11.36  of the range eligibility must be neither less than 70 percent 
 12.1   nor more than 90 75 percent of the state median income for a 
 12.2   family of four, adjusted for family size.  
 12.3      Sec. 18.  Minnesota Statutes 2000, section 119B.09, 
 12.4   subdivision 7, is amended to read: 
 12.5      Subd. 7.  [DATE OF ELIGIBILITY FOR ASSISTANCE.] The date of 
 12.6   eligibility for child care assistance under this chapter is the 
 12.7   later of the date the application was signed; or the beginning 
 12.8   date of employment, education, or training; or the date a 
 12.9   determination has been made that the applicant is a participant 
 12.10  in employment and training services under Minnesota Rules, part 
 12.11  3400.0080, subpart 2a, or chapter 256J or 256K under section 
 12.12  119B.10.  The date of eligibility for the basic sliding fee 
 12.13  at-home infant child care program is the later of the date the 
 12.14  infant is born or, in a county with a basic sliding fee waiting 
 12.15  list, the date the family applies for at-home infant child 
 12.16  care.  Payment ceases for a family under the at-home infant 
 12.17  child care program when a family has used a total of 12 months 
 12.18  of assistance as specified under section 119B.061.  Payment of 
 12.19  child care assistance for employed persons on MFIP is effective 
 12.20  the date of employment or the date of MFIP eligibility, 
 12.21  whichever is later.  Payment of child care assistance for MFIP 
 12.22  or work first participants in employment and training services 
 12.23  is effective the date of commencement of the services or the 
 12.24  date of MFIP or work first eligibility, whichever is 
 12.25  later.  Payment of child care assistance for transition year 
 12.26  child care must be made retroactive to the date of eligibility 
 12.27  for transition year child care. 
 12.28     Sec. 19.  Minnesota Statutes 2000, section 119B.10, is 
 12.29  amended to read: 
 12.30     119B.10 [EMPLOYMENT OR TRAINING ELIGIBILITY.] 
 12.31     Subdivision 1.  [ASSISTANCE FOR PERSONS SEEKING AND 
 12.32  RETAINING EMPLOYMENT.] (a) Persons who are seeking employment 
 12.33  and who are eligible for assistance under this section chapter 
 12.34  are eligible to receive up to 240 hours of child care assistance 
 12.35  per calendar year.  
 12.36     (b) Employed persons who work at least an average of 20 
 13.1   hours and full-time students who work at least an average of ten 
 13.2   hours a week and receive at least a minimum wage for all hours 
 13.3   worked are eligible for continued child care assistance for 
 13.4   employment.  For purposes of this section, work-study programs 
 13.5   must be counted as employment.  Child care assistance during 
 13.6   employment must be authorized as provided in paragraphs (c) and 
 13.7   (d). 
 13.8      (c) When the person works for an hourly wage and the hourly 
 13.9   wage is equal to or greater than the applicable minimum wage, 
 13.10  child care assistance shall be provided for the actual hours of 
 13.11  employment, break, and mealtime during the employment and travel 
 13.12  time up to two hours per day. 
 13.13     (d) When the person does not work for an hourly wage, child 
 13.14  care assistance must be provided for the lesser of: 
 13.15     (1) the amount of child care determined by dividing gross 
 13.16  earned income by the applicable minimum wage, up to one hour 
 13.17  every eight hours for meals and break time, plus up to two hours 
 13.18  per day for travel time; or 
 13.19     (2) the amount of child care equal to the actual amount of 
 13.20  child care used during employment, including break and mealtime 
 13.21  during employment, and travel time up to two hours per day. 
 13.22     Subd. 1a.  [ASSISTANCE FOR PERSONS PARTICIPATING IN 
 13.23  EMPLOYMENT PLAN.] The following persons are also eligible for 
 13.24  child care assistance: 
 13.25     (1) persons who are participating in employment orientation 
 13.26  or job search, or other employment or training activities that 
 13.27  are included in an approved employability development plan under 
 13.28  chapter 256K; 
 13.29     (2) persons who are participating in work, job search, job 
 13.30  support, employment, or training activities as required in their 
 13.31  job search support or employment plan, or in appeals, hearings, 
 13.32  assessments, or orientations according to chapter 256J; 
 13.33     (3) persons who are participating in social services 
 13.34  activities under chapter 256J or 256K as required in their 
 13.35  employment plan approved according to chapter 256J or 256K; and 
 13.36     (4) families who are participating in programs as required 
 14.1   in tribal contracts under section 119B.02, subdivision 2, or 
 14.2   256.01, subdivision 2.  
 14.3      Subd. 2.  [FINANCIAL ELIGIBILITY REQUIRED.] Persons 
 14.4   participating in employment programs, training programs, or 
 14.5   education programs are eligible for continued assistance from 
 14.6   the child care fund, if they are financially eligible under the 
 14.7   sliding fee scale set by the commissioner in section 119B.12. 
 14.8      Subd. 3.  [CHILD CARE ASSISTANCE DURING EDUCATION.] The 
 14.9   following persons are eligible for child care assistance for 
 14.10  education or training: 
 14.11     (1) persons who meet the requirements of section 119B.09 
 14.12  who are enrolled in remedial or basic education or English as a 
 14.13  second language, or persons up to the age of 19 who are enrolled 
 14.14  in an educational program to attain a high school diploma or 
 14.15  general equivalency diploma; and 
 14.16     (2) persons who meet the requirements of this section and 
 14.17  section 119B.09 who receive child care assistance to reduce the 
 14.18  costs of child care for education when employed an average of at 
 14.19  least ten hours per week under subdivision 1, and are not 
 14.20  receiving MFIP benefits as defined in section 119B.011, 
 14.21  subdivision 17. 
 14.22     Subd. 4.  [SATISFACTORY PROGRESS.] Students enrolled in an 
 14.23  education program under section 119B.011, subdivision 11, must 
 14.24  be making satisfactory progress toward completion of the program 
 14.25  as stipulated in the school's satisfactory progress policy. 
 14.26     Subd. 5.  [LIMITING DURATION OF TRAINING.] Counties may not 
 14.27  limit the duration of child care subsidies for a person in an 
 14.28  employment or educational program except when the person is 
 14.29  found to be ineligible under the child care fund eligibility 
 14.30  standards.  Any limitation must be based on a person's 
 14.31  employment plan in the case of an MFIP participant. 
 14.32     Subd. 6.  [MAXIMUM LENGTH OF TIME FOR TRAINING.] The 
 14.33  maximum length of time a participant is eligible for child care 
 14.34  assistance under the child care fund for education and training 
 14.35  is no more than the maximum time allowed to complete the credit 
 14.36  requirements for an associate or baccalaureate degree as 
 15.1   stipulated in the school's satisfactory progress policy.  This 
 15.2   length of time excludes basic or remedial education programs, 
 15.3   English as a second language, high school, and general 
 15.4   equivalency diploma programs needed to prepare for 
 15.5   post-secondary education or employment. 
 15.6      Subd. 7.  [MFIP STUDENT MOVES TO ANOTHER COUNTY.] If an 
 15.7   MFIP participant who is receiving child care assistance under 
 15.8   this chapter moves to another county, continues to participate 
 15.9   in educational or training programs authorized in the MFIP 
 15.10  participant's employment plans, and continues to be eligible for 
 15.11  child care assistance under this chapter, the MFIP participant 
 15.12  must receive continued child care assistance from the county 
 15.13  responsible for the MFIP participant's current employment plan 
 15.14  under section 256G.07. 
 15.15     Sec. 20.  Minnesota Statutes 2000, section 119B.11, 
 15.16  subdivision 1, is amended to read: 
 15.17     Subdivision 1.  [COUNTY CONTRIBUTIONS REQUIRED.] Beginning 
 15.18  July 1, 1997, (a) In addition to payments from basic sliding fee 
 15.19  child care assistance program participants, each county shall 
 15.20  contribute from county tax or other sources a fixed local match 
 15.21  equal to its calendar year 1996 required county contribution 
 15.22  reduced by the administrative funding loss that would have 
 15.23  occurred in state fiscal year 1996 under section 119B.15.  The 
 15.24  commissioner shall recover funds from the county as necessary to 
 15.25  bring county expenditures into compliance with this 
 15.26  subdivision.  The commissioner may accept county contributions, 
 15.27  including contributions above the fixed local match, in order to 
 15.28  make state payments. 
 15.29     (b) The commissioner may accept payments from counties: 
 15.30     (1) to fulfill the county contribution as required under 
 15.31  subdivision 1; 
 15.32     (2) to pay for services authorized under this chapter 
 15.33  beyond those paid for with federal or state funds or with the 
 15.34  required county contributions; or 
 15.35     (3) to pay for child care services not authorized under 
 15.36  this chapter.  
 16.1   The commissioner may keep accounts as necessary within the 
 16.2   state's accounting system.  The receipts must be deposited in 
 16.3   the special revenue fund. 
 16.4      Sec. 21.  Minnesota Statutes 2000, section 119B.12, 
 16.5   subdivision 2, is amended to read: 
 16.6      Subd. 2.  [PARENT FEE.] A family's monthly parent fee must 
 16.7   be a fixed percentage of its annual gross income.  Parent fees 
 16.8   must apply to families eligible for child care assistance 
 16.9   under sections 119B.03 and 119B.05 section 119B.09.  Income must 
 16.10  be as defined in section 119B.011, subdivision 15.  The fixed 
 16.11  percent is based on the relationship of the family's annual 
 16.12  gross income to 100 percent of state median income.  Beginning 
 16.13  January 1, 1998, parent fees must begin at 75 percent of the 
 16.14  poverty level.  The minimum parent fees for families between 75 
 16.15  percent and 100 percent of poverty level must be $5 per month.  
 16.16  Parent fees must be established in rule and must provide for 
 16.17  graduated movement to full payment. 
 16.18     Sec. 22.  Minnesota Statutes 2000, section 119B.13, 
 16.19  subdivision 1, is amended to read: 
 16.20     Subdivision 1.  [SUBSIDY RESTRICTIONS.] The maximum rate 
 16.21  paid for child care assistance under the child care fund may not 
 16.22  exceed the 75th percentile rate for like-care arrangements in 
 16.23  the county as surveyed by the commissioner.  A rate which 
 16.24  includes a provider bonus paid under subdivision 2 or a special 
 16.25  needs rate paid under subdivision 3 may be in excess of the 
 16.26  maximum rate allowed under this subdivision.  The department 
 16.27  shall monitor the effect of this paragraph on provider rates.  
 16.28  The county shall pay the provider's full charges for every child 
 16.29  in care up to the maximum established.  The commissioner shall 
 16.30  determine the maximum rate for each type of care, including 
 16.31  special needs and handicapped care.  Not less than once every 
 16.32  two years, the commissioner shall evaluate market practices for 
 16.33  payment of absences and shall establish policies for payment of 
 16.34  absent days that reflect current market practice. 
 16.35     When the provider charge is greater than the maximum 
 16.36  provider rate allowed, the parent is responsible for payment of 
 17.1   the difference in the rates in addition to any family copayment 
 17.2   fee. 
 17.3      Sec. 23.  Minnesota Statutes 2000, section 119B.13, 
 17.4   subdivision 6, is amended to read: 
 17.5      Subd. 6.  [PROVIDER PAYMENTS.] Counties or the state shall 
 17.6   make vendor payments to the child care provider or pay the 
 17.7   parent directly for eligible child care expenses.  If payments 
 17.8   for child care assistance are made to providers, the provider 
 17.9   shall bill the county for services provided within ten days of 
 17.10  the end of the month of service.  If bills are submitted in 
 17.11  accordance with the provisions of this subdivision or the state, 
 17.12  a county shall issue payment to the provider of child care under 
 17.13  the child care fund within 30 days of receiving an invoice from 
 17.14  the provider.  Counties or the state may establish policies that 
 17.15  make payments on a more frequent basis.  A county's payment 
 17.16  policies must be included in the county's child care plan under 
 17.17  section 119B.08, subdivision 3.  If payments are made by the 
 17.18  state, in addition to being in compliance with this subdivision, 
 17.19  the payments must be made in compliance with section 16A.124. 
 17.20     Sec. 24.  Minnesota Statutes 2000, section 119B.15, is 
 17.21  amended to read: 
 17.22     119B.15 [ADMINISTRATIVE EXPENSES.] 
 17.23     The commissioner shall use up to 1/21 of the state and 
 17.24  federal funds available for the basic sliding fee program and 
 17.25  1/21 of the state and federal funds available for the MFIP child 
 17.26  care assistance program for payments to counties for 
 17.27  administrative expenses the administrative costs of the delivery 
 17.28  of direct services. 
 17.29     Sec. 25.  Minnesota Statutes 2000, section 119B.24, is 
 17.30  amended to read: 
 17.31     119B.24 [DUTIES OF COMMISSIONER.] 
 17.32     In addition to the powers and duties already conferred by 
 17.33  law, the commissioner of children, families, and learning shall: 
 17.34     (1) administer the child care fund, including the basic 
 17.35  sliding fee program authorized under sections 119B.011 to 
 17.36  119B.16; 
 18.1      (2) monitor the child care resource and referral programs 
 18.2   established under section 119B.19; and 
 18.3      (3) encourage child care providers to participate in a 
 18.4   nationally recognized accreditation system for early 
 18.5   childhood and school-age care programs.  The commissioner shall 
 18.6   reimburse licensed Subject to approval by the commissioner, 
 18.7   family child care providers and early childhood and school-age 
 18.8   care programs shall be reimbursed for one-half of the direct 
 18.9   cost of accreditation fees, upon successful completion of 
 18.10  accreditation. 
 18.11     Sec. 26.  [REVISOR INSTRUCTION.] 
 18.12     In the next editions of Minnesota Statutes and Minnesota 
 18.13  Rules, the revisor shall renumber Minnesota Statutes, section 
 18.14  119B.05, subdivisions 4 and 5, as Minnesota Statutes, section 
 18.15  119B.03, subdivisions 11 and 12, and Minnesota Statutes, section 
 18.16  119B.061, as Minnesota Statutes, section 119B.105, and make 
 18.17  necessary cross-reference changes consistent with the 
 18.18  renumbering. 
 18.19     Sec. 27.  [REPEALER.] 
 18.20     Minnesota Statutes 2000, sections 119B.011, subdivision 20; 
 18.21  119B.03, subdivisions 1, 2, 4, 5, 6, 6a, and 8; 119B.05, 
 18.22  subdivision 1; 119B.07; 119B.09, subdivision 3; and 119B.11, 
 18.23  subdivision 4, are repealed.