Minnesota Legislature
HF 3422
as introduced - 86th Legislature (2009 - 2010) Posted on 03/08/2010 09:02am
Current Version - as introduced
1.15 1.16
1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25
1.26 2.1 2.2 2.3 2.4
2.5 2.6 2.7
2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15
2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29
2.30 2.31 2.32
3.1 3.2 3.3 3.4 3.5
3.6 3.7
3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17
3.18 3.19 3.20 3.21 3.22 3.23 3.24
3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13
4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35
5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24
5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35
7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9
7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27
7.28 7.29 7.30
A bill for an act
relating to human services; providing county mandate relief; repealing
diversionary work program and family stabilization services; making technical
and conforming changes; modifying the Children and Community Services Act
plan; amending Minnesota Statutes 2008, sections 119B.011, subdivision 20; 119B.03, subdivisions 3, 4; 256J.08, subdivision 65; 256J.626, subdivisions 2, 3; 256J.751, subdivision 2; 256M.01; 256M.30, subdivisions 1, 5; 256M.80, subdivision 2; 393.07, subdivision 10a; Minnesota Statutes 2009 Supplement, section 256J.621; repealing Minnesota Statutes 2008, sections 119B.011, subdivision 10a; 256J.08, subdivision 24b; 256J.575, subdivisions 1, 2, 5, 8; 256J.95, subdivisions 1, 2, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, 17, 18, 19; Minnesota Statutes 2009 Supplement, sections 256J.575, subdivisions 3, 4, 6, 7; 256J.95, subdivisions 3, 11, 12, 13.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
COUNTY MANDATE RELIEF
Section 1.
Minnesota Statutes 2008, section 256M.01, is amended to read:
256M.01 CITATION.
Sections 256M.01 to 256M.80 may be cited as the "Children and Community
Services Act." This act establishes a fund to address the needs of children, adolescents,
and adults within each county in accordance with a service plan entered into by the board
of county commissioners of each county and the commissioner. The service plan shall
specify the outcomes to be achieved, the general strategies to be employed, and the
respective state and county roles. The service plan shall be reviewed and updated deleted text begin every
two years, or soonerdeleted text end if deleted text begin bothdeleted text end new text begin either new text end the state deleted text begin anddeleted text end new text begin ornew text end the county deem it necessary.
Sec. 2.
Minnesota Statutes 2008, section 256M.30, subdivision 1, is amended to read:
Subdivision 1.
Service plan submitted to commissioner.
Effective January 1,
deleted text begin 2004, and each two-year period thereafterdeleted text end new text begin 2010new text end , each county must have a deleted text begin biennialdeleted text end service
plan approved by the commissioner in order to receive funds. Counties may submit
multicounty or regional service plans.
Sec. 3.
Minnesota Statutes 2008, section 256M.30, subdivision 5, is amended to read:
Subd. 5.
Timelines.
The preliminary service plan must be submitted to the
commissioner by October 15, deleted text begin 2003, and October 15 of every two years thereafterdeleted text end new text begin 2009new text end .
Sec. 4.
Minnesota Statutes 2008, section 256M.80, subdivision 2, is amended to read:
Subd. 2.
Statewide evaluation.
Six months after the end of the first full calendar
year and annually thereafter, the commissioner shall new text begin review and new text end prepare a report on the
counties' progress in improving the outcomes of children, adolescents, and adults related
to mental health, safety, permanency, and well-being. This report shall be disseminated
throughout the state.new text begin The commissioner may order a county to revise its service plan under
section 256M.30 based on a review of the data submitted under subdivision 1. Revisions
may be ordered no more than once every two years.
new text end
Sec. 5.
Minnesota Statutes 2008, section 393.07, subdivision 10a, is amended to read:
Subd. 10a.
Expedited issuance of food stamps.
The commissioner of human
services shall continually monitor the expedited issuance of food stamp benefits to ensure
that each county complies with federal regulations and that households eligible for
expedited issuance of food stamps are identified, processed, and certified within the time
frames prescribed in federal regulations.
County food stamp offices shall screen and issue food stamps to applicants on the
day of application. Applicants who meet the federal criteria for expedited issuance and
have an immediate need for food assistance shall receive new text begin within seven days new text end either:
(1) a manual Authorization to Participate (ATP) card; or
(2) the deleted text begin immediatedeleted text end issuance of food stamp coupons.
The local food stamp agency shall conspicuously post in each food stamp office a
notice of the availability of and the procedure for applying for expedited issuance and
verbally advise each applicant of the availability of the expedited process.
Sec. 6. new text begin TEMPORARY SUSPENSION OF RULE.
new text end
new text begin
Minnesota Rules, part 9525.0012, subpart 2, is temporarily suspended until June
30, 2011.
new text end
Sec. 7. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2008, sections 256J.575, subdivisions 1, 2, 5, and 8; and
256J.95, subdivisions 1, 2, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, 17, 18, and 19,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2009 Supplement, sections 256J.575, subdivisions 3, 4, 6,
and 7; and 256J.95, subdivisions 3, 11, 12, and 13,
new text end
new text begin
are repealed.
new text end
ARTICLE 2
TECHNICAL
Section 1.
Minnesota Statutes 2008, section 119B.011, subdivision 20, is amended to
read:
Subd. 20.
Transition year families.
"Transition year families" means families who
have received MFIP assistance, or who were eligible to receive MFIP assistance after
choosing to discontinue receipt of the cash portion of MFIP assistance under section
256J.31, subdivision 12deleted text begin , or families who have received DWP assistance under section
256J.95 for at least three of the last six months before losing eligibility for MFIP or DWPdeleted text end .
Transition year child care may be used to support employment or job search. Transition
year child care is not available to families who have been disqualified from MFIP or
DWP due to fraud.
Sec. 2.
Minnesota Statutes 2008, section 119B.03, subdivision 3, is amended to read:
Subd. 3.
Eligible participants.
Families that meet the eligibility requirements
under sections 119B.07, 119B.09, and 119B.10, except MFIP participantsdeleted text begin , diversionary
work program,deleted text end and transition year familiesnew text begin ,new text end are eligible for child care assistance under
the basic sliding fee program. Families enrolled in the basic sliding fee program shall be
continued until they are no longer eligible. Child care assistance provided through the
child care fund is considered assistance to the parent.
Sec. 3.
Minnesota Statutes 2008, section 119B.03, subdivision 4, is amended to read:
Subd. 4.
Funding priority.
(a) First priority for child care assistance under the
basic sliding fee program must be given to eligible non-MFIP families who do not have a
high school or general equivalency diploma or who need remedial and basic skill courses
in order to pursue employment or to pursue education leading to employment and who
need child care assistance to participate in the education program. Within this priority,
the following subpriorities must be used:
(1) child care needs of minor parents;
(2) child care needs of parents under 21 years of age; and
(3) child care needs of other parents within the priority group described in this
paragraph.
(b) Second priority must be given to parents who have completed their MFIP deleted text begin or
DWPdeleted text end transition yeardeleted text begin , or parents who are no longer receiving or eligible for diversionary
work program supportsdeleted text end .
(c) Third priority must be given to families who are eligible for portable basic sliding
fee assistance through the portability pool under subdivision 9.
(d) Fourth priority must be given to families in which at least one parent is a veteran
as defined under section 197.447.
(e) Families under paragraph (b) must be added to the basic sliding fee waiting list
on the date they begin the transition year under section 119B.011, subdivision 20, and
must be moved into the basic sliding fee program as soon as possible after they complete
their transition year.
Sec. 4.
Minnesota Statutes 2008, section 256J.08, subdivision 65, is amended to read:
Subd. 65.
Participant.
(a) "Participant" includes any of the following:
(1) a person who is currently receiving cash assistance or the food portion available
through MFIP;
(2) a person who withdraws a cash or food assistance payment by electronic transfer
or receives and cashes an MFIP assistance check or food coupons and is subsequently
determined to be ineligible for assistance for that period of time is a participant, regardless
whether that assistance is repaid;
(3) the caregiver relative and the minor child whose needs are included in the
assistance payment;
(4) a person in an assistance unit who does not receive a cash and food assistance
payment because the case has been suspended from MFIP;new text begin and
new text end
(5) deleted text begin a person who receives cash payments under the diversionary work program
under section 256J.95 is a participant; and
deleted text end
deleted text begin (6)deleted text end a person who receives cash payments under family stabilization services under
section 256J.575.
(b) "Participant" does not include a person who fails to withdraw or access
electronically any portion of the person's cash and food assistance payment by the end of
the payment month, who makes a written request for closure before the first of a payment
month and repays cash and food assistance electronically issued for that payment month
within that payment month, or who returns any uncashed assistance check and food
coupons and withdraws from the program.
Sec. 5.
Minnesota Statutes 2009 Supplement, section 256J.621, is amended to read:
256J.621 WORK PARTICIPATION CASH BENEFITS.
(a) Effective October 1, 2009, deleted text begin upon exiting the diversionary work program (DWP)
ordeleted text end upon terminating the Minnesota family investment program with earnings, a participant
who is employed may be eligible for work participation cash benefits of $50 per month
to assist in meeting the family's basic needs as the participant continues to move toward
self-sufficiency.
(b) To be eligible for work participation cash benefits, the participant shall not
receive MFIP deleted text begin or diversionary work programdeleted text end assistance during the month and the
participant or participants must meet the following work requirements:
(1) if the participant is a single caregiver and has a child under six years of age, the
participant must be employed at least 87 hours per month;
(2) if the participant is a single caregiver and does not have a child under six years of
age, the participant must be employed at least 130 hours per month; or
(3) if the household is a two-parent family, at least one of the parents must be
employed an average of at least 130 hours per month.
Whenever a participant deleted text begin exits the diversionary work program ordeleted text end is terminated from
MFIP and meets the other criteria in this section, work participation cash benefits are
available for up to 24 consecutive months.
(c) Expenditures on the program are maintenance of effort state funds under
a separate state program for participants under paragraph (b), clauses (1) and (2).
Expenditures for participants under paragraph (b), clause (3), are nonmaintenance of effort
funds. Months in which a participant receives work participation cash benefits under this
section do not count toward the participant's MFIP 60-month time limit.
Sec. 6.
Minnesota Statutes 2008, section 256J.626, subdivision 2, is amended to read:
Subd. 2.
Allowable expenditures.
(a) The commissioner must restrict expenditures
under the consolidated fund to benefits and services allowed under title IV-A of the federal
Social Security Act. Allowable expenditures under the consolidated fund may include, but
are not limited to:
(1) short-term, nonrecurring shelter and utility needs that are excluded from the
definition of assistance under Code of Federal Regulations, title 45, section 260.31, for
families who meet the residency requirement in section 256J.12, subdivisions 1 and 1a.
Payments under this subdivision are not considered TANF cash assistance and are not
counted towards the 60-month time limit;
(2) transportation needed to obtain or retain employment or to participate in other
approved work activities or activities under a family stabilization plan;
(3) direct and administrative costs of staff to deliver employment services for
MFIPdeleted text begin , the diversionary work program,deleted text end or family stabilization services; to administer
financial assistance; and to provide specialized services intended to assist hard-to-employ
participants to transition to work or transition from family stabilization services to MFIP;
(4) costs of education and training including functional work literacy and English as
a second language;
(5) cost of work supports including tools, clothing, boots, telephone service, and
other work-related expenses;
(6) county administrative expenses as defined in Code of Federal Regulations, title
45, section 260(b);
(7) services to parenting and pregnant teens;
(8) supported work;
(9) wage subsidies;
(10) child care needed for MFIPdeleted text begin , the diversionary work program,deleted text end or family
stabilization services participants to participate in social services;
(11) child care to ensure that families leaving MFIP deleted text begin or diversionary work programdeleted text end
will continue to receive child care assistance from the time the family no longer qualifies
for transition year child care until an opening occurs under the basic sliding fee child
care program;
(12) services to help noncustodial parents who live in Minnesota and have minor
children receiving MFIP deleted text begin or DWPdeleted text end assistance, but do not live in the same household as the
child, obtain or retain employment; and
(13) services to help families participating in family stabilization services achieve
the greatest possible degree of self-sufficiency.
(b) Administrative costs that are not matched with county funds as provided in
subdivision 8 may not exceed 7.5 percent of a county's or 15 percent of a tribe's allocation
under this section. The commissioner shall define administrative costs for purposes of
this subdivision.
(c) The commissioner may waive the cap on administrative costs for a county or tribe
that elects to provide an approved supported employment, unpaid work, or community
work experience program for a major segment of the county's or tribe's MFIP population.
The county or tribe must apply for the waiver on forms provided by the commissioner. In
no case shall total administrative costs exceed the TANF limits.
Sec. 7.
Minnesota Statutes 2008, section 256J.626, subdivision 3, is amended to read:
Subd. 3.
Eligibility for services.
Families with a minor child, a pregnant woman,
or a noncustodial parent of a minor child receiving assistance, with incomes below 200
percent of the federal poverty guideline for a family of the applicable size, are eligible for
services funded under the consolidated fund. Counties and tribes must give priority to
families currently receiving MFIPdeleted text begin , the diversionary work program,deleted text end or family stabilization
services, and families at risk of receiving MFIP deleted text begin or diversionary work programdeleted text end . A county
or tribe shall not impose a residency requirement on families, except for the residency
requirement under section 256J.12.
Sec. 8.
Minnesota Statutes 2008, section 256J.751, subdivision 2, is amended to read:
Subd. 2.
Quarterly comparison report.
The commissioner shall report quarterly to
all counties on each county's performance on the following measures:
(1) percent of MFIP caseload working in paid employment;
(2) percent of MFIP caseload receiving only the food portion of assistance;
(3) number of MFIP cases that have left assistance;
(4) median placement wage rate;
(5) caseload by months of TANF assistance;
(6) percent of MFIP deleted text begin and diversionary work program (DWP)deleted text end cases off cash assistance
or working 30 or more hours per week at one-year, two-year, and three-year follow-up
points from a baseline quarter. This measure is called the self-support index. The
commissioner shall report quarterly an expected range of performance for each county,
county grouping, and tribe on the self-support index. The expected range shall be derived
by a statistical methodology developed by the commissioner in consultation with the
counties and tribes. The statistical methodology shall control differences across counties
in economic conditions and demographics of the MFIP deleted text begin and DWPdeleted text end case load; and
(7) the TANF work participation rate, defined as the participation requirements
specified under Public Law 109-171, the Deficit Reduction Act of 2005.
Sec. 9. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, sections 119B.011, subdivision 10a; and 256J.08,
subdivision 24b,
new text end
new text begin
are repealed.
new text end