HF 3086

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

  1.1                          A bill for an act 
  1.2             relating to child care; modifying child care 
  1.3             assistance; amending Minnesota Statutes 2000, sections 
  1.4             119B.09, subdivision 1; 119B.12, subdivision 2; 
  1.5             Minnesota Statutes 2001 Supplement, sections 119B.13, 
  1.6             subdivision 6; 256.98, subdivision 8; proposing coding 
  1.7             for new law in Minnesota Statutes, chapter 119B. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 119B.09, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [GENERAL ELIGIBILITY REQUIREMENTS FOR ALL 
  1.12  APPLICANTS FOR CHILD CARE ASSISTANCE.] (a) Child care services 
  1.13  must be available to families who need child care to find or 
  1.14  keep employment or to obtain the training or education necessary 
  1.15  to find employment and who: 
  1.16     (1) meet the requirements of section 119B.05; receive MFIP 
  1.17  assistance; and are participating in employment and training 
  1.18  services under chapter 256J or 256K; 
  1.19     (2) have household income below the eligibility levels for 
  1.20  MFIP; or 
  1.21     (3) have household income within a range established by the 
  1.22  commissioner. 
  1.23     (b) Child care services must be made available as in-kind 
  1.24  services.  
  1.25     (c) All applicants for child care assistance and families 
  1.26  currently receiving child care assistance must be assisted and 
  2.1   required to cooperate in establishment of paternity and 
  2.2   enforcement of child support obligations for all children in the 
  2.3   family as a condition of program eligibility.  For purposes of 
  2.4   this section, a family is considered to meet the requirement for 
  2.5   cooperation when the family complies with the requirements of 
  2.6   section 256.741. 
  2.7      (d) Each county must request, from all child care 
  2.8   assistance applicants, the social security number or other 
  2.9   documentation of each child eligible for subsidized child care.  
  2.10  A county must not deny child care assistance to an eligible 
  2.11  applicant who refuses to provide a child's social security 
  2.12  number. 
  2.13     Sec. 2.  [119B.095] [INFORMATION TO BE REQUESTED BY THE 
  2.14  COUNTY AT THE TIME OF APPLICATION.] 
  2.15     Each county must request the following information for all 
  2.16  child care providers who will be providing care for families 
  2.17  receiving child care assistance under this chapter: 
  2.18     (1) proof of identity of adults providing care; 
  2.19     (2) relationship of any related minor child to the 
  2.20  caregiver; 
  2.21     (3) social security number; and 
  2.22     (4) location of care. 
  2.23     Sec. 3.  Minnesota Statutes 2000, section 119B.12, 
  2.24  subdivision 2, is amended to read: 
  2.25     Subd. 2.  [PARENT FEE.] A family's monthly parent fee must 
  2.26  be a fixed percentage of its annual gross income.  Parent fees 
  2.27  must apply to families eligible for child care assistance under 
  2.28  sections 119B.03 and 119B.05.  Income must be as defined in 
  2.29  section 119B.011, subdivision 15.  The fixed percent is based on 
  2.30  the relationship of the family's annual gross income to 100 
  2.31  percent of state median income.  Beginning January 1, 1998, 
  2.32  parent fees must begin at 75 percent of the poverty level.  The 
  2.33  minimum parent fees for families between 75 percent and 100 
  2.34  percent of poverty level must be $5 per month.  Parent fees must 
  2.35  be established in rule and must provide for graduated movement 
  2.36  to full payment.  Parent fees must be paid by the family to the 
  3.1   county.  
  3.2      Sec. 4.  Minnesota Statutes 2001 Supplement, section 
  3.3   119B.13, subdivision 6, is amended to read: 
  3.4      Subd. 6.  [PROVIDER PAYMENTS.] (a) Counties or the state 
  3.5   shall make vendor payments to the child care provider or pay the 
  3.6   parent directly for eligible child care expenses.  If payments 
  3.7   for child care assistance are made to providers, The provider 
  3.8   shall bill the county for services provided within ten days of 
  3.9   the end of the month of service.  If bills are submitted in 
  3.10  accordance with the provisions of this subdivision, a county or 
  3.11  the state shall issue payment to the provider of child care 
  3.12  under the child care fund within 30 days of receiving an invoice 
  3.13  from the provider.  Counties or the state may establish policies 
  3.14  that make payments on a more frequent basis.  A county's payment 
  3.15  policies must be included in the county's child care plan under 
  3.16  section 119B.08, subdivision 3.  If payments are made by the 
  3.17  state, in addition to being in compliance with this subdivision, 
  3.18  the payments must be made in compliance with section 16A.124. 
  3.19     (b) All providers must keep a detailed log including dates, 
  3.20  times, and hours of care provided.  Copies of the log sheets 
  3.21  must be submitted with the monthly billing and signed by both 
  3.22  the parent and provider. 
  3.23     (c) Counties or the state must reimburse providers only for 
  3.24  the actual amount of care provided to families participating in 
  3.25  the child care assistance program. 
  3.26     Sec. 5.  Minnesota Statutes 2001 Supplement, section 
  3.27  256.98, subdivision 8, is amended to read: 
  3.28     Subd. 8.  [DISQUALIFICATION FROM PROGRAM.] (a) Any person 
  3.29  found to be guilty of wrongfully obtaining assistance by a 
  3.30  federal or state court or by an administrative hearing 
  3.31  determination, or waiver thereof, through a disqualification 
  3.32  consent agreement, or as part of any approved diversion plan 
  3.33  under section 401.065, or any court-ordered stay which carries 
  3.34  with it any probationary or other conditions, in the Minnesota 
  3.35  family investment program, the food stamp program, the general 
  3.36  assistance program, the group residential housing program, or 
  4.1   the Minnesota supplemental aid program shall be disqualified 
  4.2   from that program.  In addition, any person disqualified from 
  4.3   the Minnesota family investment program shall also be 
  4.4   disqualified from the food stamp program.  The needs of that 
  4.5   individual shall not be taken into consideration in determining 
  4.6   the grant level for that assistance unit:  
  4.7      (1) for one year after the first offense; 
  4.8      (2) for two years after the second offense; and 
  4.9      (3) permanently after the third or subsequent offense.  
  4.10     The period of program disqualification shall begin on the 
  4.11  date stipulated on the advance notice of disqualification 
  4.12  without possibility of postponement for administrative stay or 
  4.13  administrative hearing and shall continue through completion 
  4.14  unless and until the findings upon which the sanctions were 
  4.15  imposed are reversed by a court of competent jurisdiction.  The 
  4.16  period for which sanctions are imposed is not subject to 
  4.17  review.  The sanctions provided under this subdivision are in 
  4.18  addition to, and not in substitution for, any other sanctions 
  4.19  that may be provided for by law for the offense involved.  A 
  4.20  disqualification established through hearing or waiver shall 
  4.21  result in the disqualification period beginning immediately 
  4.22  unless the person has become otherwise ineligible for 
  4.23  assistance.  If the person is ineligible for assistance, the 
  4.24  disqualification period begins when the person again meets the 
  4.25  eligibility criteria of the program from which they were 
  4.26  disqualified and makes application for that program. 
  4.27     (b) A family receiving assistance through child care 
  4.28  assistance programs under chapter 119B with a family member who 
  4.29  is found to be guilty of wrongfully obtaining child care 
  4.30  assistance by a federal court, state court, or an administrative 
  4.31  hearing determination or waiver, through a disqualification 
  4.32  consent agreement, as part of an approved diversion plan under 
  4.33  section 401.065, or a court-ordered stay with probationary or 
  4.34  other conditions, is disqualified from child care assistance 
  4.35  programs.  The disqualifications must be for periods of three 
  4.36  months, six months, and two years for the first, second, and 
  5.1   third offenses respectively.  Subsequent violations must result 
  5.2   in permanent disqualification.  During the disqualification 
  5.3   period, disqualification from any child care program must extend 
  5.4   to all child care programs and must be immediately applied. 
  5.5      (c) A licensed or legally unlicensed child care provider 
  5.6   found to be guilty of wrongfully obtaining child care assistance 
  5.7   reimbursements by a federal court, state court, or an 
  5.8   administrative hearing determination or waiver, through a 
  5.9   disqualification consent agreement, as part of an approved 
  5.10  diversion plan under section 401.065, or a court-ordered stay 
  5.11  with probationary or other conditions, is disqualified from 
  5.12  caring for children receiving child care assistance under 
  5.13  chapter 119B.  The disqualifications must be for periods of 
  5.14  three months, six months, and two years for the first, second, 
  5.15  and third offenses respectively.  Subsequent violations must 
  5.16  result in permanent disqualification.  During the 
  5.17  disqualification period, disqualification from any child care 
  5.18  program must extend to all child care programs and must be 
  5.19  immediately applied.