as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:03am
A bill for an act
relating to human services; MFIP; changing provisions for nonpublic assistance
IV-D services; amending Minnesota Statutes 2008, sections 256J.08, by adding a
subdivision; 256J.09, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapter 256J.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2008, section 256J.08, is amended by adding a
subdivision to read:
new text begin
A "nonpublic assistance IV-D" child
support case means a case where services under title IV-D of the Social Security Act,
United States Code, title 42, section 654(4), are provided to an applicant who is eligible
for child support collection and enforcement services as defined in section , due
to the potential eligibility for public assistance under section , if child support is
not received.
new text end
Minnesota Statutes 2008, section 256J.09, subdivision 2, is amended to read:
When a person
inquires about assistance, new text begin including assistance under section , new text end a county agency
must:
(1) explain the eligibility requirements of, and how to apply for any assistance
for which the person may be eligible; and
(2) offer the person brochures developed or approved by the commissioner that
describe how to apply for assistance.
new text begin
Verification of eligibility for nonpublic
assistance IV-D child support services is based upon an assessment by the local agency.
The public authority has a pecuniary interest when verified by a determination of need
and upon a showing of evidence, based on a showing that if the support payments are not
received on a regular and timely basis, the applicant would be entitled to receive public
assistance under section 256.741.
new text end
new text begin
An individual must apply for nonpublic assistance IV-D
child support services at the county agency in the county where the applicant lives.
new text end
new text begin
An application under this section must be
submitted using application procedures that conform to section new text begin 256J.09, subdivision 3new text end .
new text end
new text begin
All parties
must be notified of the receipt of the application and the verification process via United
States mail at the last known address or at the address of the closest known relative
within 30 days. If no known address or relatives exist for either parent or other custodial
third party, proof of a good faith effort by the county agency to determine an address
must be shown. The notification must also include an explanation of the legal and
administrative implications of participation in the program, as required under title IV-D
of the Social Security Act and regulations adopted under title IV-D. If by mistake or
inadvertence the agency fails to send the notification to either parent, the application is
void. For the purposes of determining eligibility, an assessment must be completed by
the public authority to verify the accuracy of all information provided by the applicant
and the nonapplicant parent. The local agency must document the steps taken in the
verification process on a form prescribed by the commissioner. The documents must
be approved and signed by the county attorney as to form and content before issuing
the final determination. Upon completion of the assessment, the agency must notify
the parties of the final decision and the reasons for the decision, the date on which the
services will become effective, and the procedures for contesting the approval or denial
of services according to section .
new text end
new text begin
Upon approval or denial of the application and upon motion of
either parent or the person standing in loco parentis, a hearing must be granted within 30
days of notification of the determination, pursuant to section 256.045, subdivision 3, for a
party to contest the assessment determination.
new text end
new text begin
An applicant, the
other parent, or the person standing in loco parentis aggrieved by an action or inaction of a
county agency has a right to an appeal hearing under section 256.045, subdivision 3.
new text end
new text begin
Recipients of services under this section are subject to
annual review for eligibility and applicants must provide updated financial information as
requested by the agency. Based upon agency review, if there has been a determination that
the recipient is no longer eligible for nonpublic assistance IV-D child support services, the
agency shall notify both parents or the person standing in loco parentis of the change in
circumstances and close the case.
new text end
new text begin
The commissioner shall promptly instruct all local
county service agencies to review all nonpublic assistance IV-D child support cases to
ensure compliance with eligibility under this section within a time period prescribed by
the commissioner, not to exceed six months after the effective date of this legislation.
The local agency shall immediately serve termination notice to all ineligible nonpublic
assistance IV-D child support cases.
new text end