Minnesota Legislature
HF 1475
1st Engrossment - 87th Legislature (2011 - 2012) Posted on 04/28/2011 03:10pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 04/14/2011 | |
| 1st Engrossment | Posted on 04/28/2011 |
Current Version - 1st Engrossment
1.11 1.12
1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 2.1 2.2 2.3 2.4 2.5
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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 4.36 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 5.35 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 6.36 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 7.31 7.32
7.33 7.34 7.35 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10
8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 9.1 9.2 9.3 9.4 9.5 9.6 9.7
9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28
9.29 9.30 9.31 9.32 9.33 9.34 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29
10.30 10.31 10.32 10.33 10.34
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11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10
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12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 13.1 13.2
13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10
13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 14.1 14.2 14.3 14.4 14.5 14.6
A bill for an act
relating to human services; making technical and policy changes to children and
family services provisions; making changes to the Minnesota family investment
program and child care assistance program; simplifying the Minnesota family
investment program and diversionary work program; amending Minnesota
Statutes 2010, sections 119B.09, subdivision 7; 119B.12, subdivisions 1, 2;
119B.125, subdivisions 1a, 2, 6; 119B.13, subdivisions 1, 3a, 6; 256J.08,
subdivision 11; 256J.24, subdivision 2; 256J.32, subdivision 6; 256J.621;
256J.68, subdivision 7; 256J.95, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CHILD CARE
Section 1.
Minnesota Statutes 2010, section 119B.09, subdivision 7, is amended to read:
Subd. 7.
Date of eligibility for assistance.
(a) The date of eligibility for child care
assistance under this chapter is the later of the date the application was deleted text begin signeddeleted text end new text begin received by
the countynew text end ; the beginning date of employment, education, or training; the date the infant is
born for applicants to the at-home infant care program; or the date a determination has
been made that the applicant is a participant in employment and training services under
Minnesota Rules, part 3400.0080, or chapter 256J.
(b) Payment ceases for a family under the at-home infant child care program when a
family has used a total of 12 months of assistance as specified under section 119B.035.
Payment of child care assistance for employed persons on MFIP is effective the date of
employment or the date of MFIP eligibility, whichever is later. Payment of child care
assistance for MFIP or DWP participants in employment and training services is effective
the date of commencement of the services or the date of MFIP or DWP eligibility,
whichever is later. Payment of child care assistance for transition year child care must be
made retroactive to the date of eligibility for transition year child care.
(c) Notwithstanding paragraph (b), payment of child care assistance for participants
eligible under section 119B.05 may only be made retroactive for a maximum of six
months from the date of application for child care assistance.
Sec. 2.
Minnesota Statutes 2010, section 119B.12, subdivision 1, is amended to read:
Subdivision 1.
Fee schedule.
All changes to parent fees must be implemented on
the first Monday of the service period following the effective date of the change.
PARENT FEE SCHEDULE. The parent fee schedule is as follows, except as noted
in subdivision 2:
| Income Range (as a percent of the state median income, except at the start of the first tier) |
Co-payment (as a percentage of adjusted gross income) |
| 0-74.99% of federal poverty guidelines |
$0/deleted text begin monthdeleted text end new text begin biweekly new text end |
| 75.00-99.99% of federal poverty guidelines |
deleted text begin
$5/month
deleted text end
new text begin
$2/biweekly new text end |
| 100.00% of federal poverty guidelines-27.72% |
2.61% |
| 27.73-29.04% |
2.61% |
| 29.05-30.36% |
2.61% |
| 30.37-31.68% |
2.61% |
| 31.69-33.00% |
2.91% |
| 33.01-34.32% |
2.91% |
| 34.33-35.65% |
2.91% |
| 35.66-36.96% |
2.91% |
| 36.97-38.29% |
3.21% |
| 38.30-39.61% |
3.21% |
| 39.62-40.93% |
3.21% |
| 40.94-42.25% |
3.84% |
| 42.26-43.57% |
3.84% |
| 43.58-44.89% |
4.46% |
| 44.90-46.21% |
4.76% |
| 46.22-47.53% |
5.05% |
| 47.54-48.85% |
5.65% |
| 48.86-50.17% |
5.95% |
| 50.18-51.49% |
6.24% |
| 51.50-52.81% |
6.84% |
| 52.82-54.13% |
7.58% |
| 54.14-55.45% |
8.33% |
| 55.46-56.77% |
9.20% |
| 56.78-58.09% |
10.07% |
| 58.10-59.41% |
10.94% |
| 59.42-60.73% |
11.55% |
| 60.74-62.06% |
12.16% |
| 62.07-63.38% |
12.77% |
| 63.39-64.70% |
13.38% |
| 64.71-deleted text begin 66.99deleted text end new text begin 67.00new text end % |
14.00% |
| new text begin Greater than new text end 67.00% |
ineligible |
A family's deleted text begin monthlydeleted text end new text begin biweeklynew text end co-payment fee is the fixed percentage established for
the income range multiplied by the highest possible income within that income range.
Sec. 3.
Minnesota Statutes 2010, section 119B.12, subdivision 2, is amended to read:
Subd. 2.
Parent fee.
A family must be assessed a parent fee for each service period.
A family's parent fee must be a fixed percentage of its annual gross income. Parent fees
must apply to families eligible for child care assistance under sections 119B.03 and
119B.05. Income must be as defined in section 119B.011, subdivision 15. The fixed
percent is based on the relationship of the family's annual gross income to 100 percent
of the annual state median income. Parent fees must begin at 75 percent of the poverty
level. The minimum parent fees for families between 75 percent and 100 percent of
poverty level must be deleted text begin $5 per monthdeleted text end new text begin $2 per biweekly periodnew text end . Parent fees must provide
for graduated movement to full payment. Payment of part or all of a family's parent
fee directly to the family's child care provider on behalf of the family by a source other
than the family shall not affect the family's eligibility for child care assistance, and the
amount paid shall be excluded from the family's income. Child care providers who accept
third-party payments must maintain family specific documentation of payment source,
amount, and time period covered by the payment.
Sec. 4.
Minnesota Statutes 2010, section 119B.125, subdivision 1a, is amended to read:
Subd. 1a.
Background study required.
This subdivision only applies to legal,
nonlicensed family child care providers. Prior to authorization, and as part of each
reauthorization required in subdivision 1, the county shall perform a background study on
every member of the provider's household who is age 13 and older. deleted text begin The background study
shall be conducted according to the procedures under subdivision 2.deleted text end new text begin The county shall also
perform a background study on an individual who has reached age ten but is not yet age
13 and is living in the household where the nonlicensed child care will be provided when
the county has reasonable cause as defined under section 245C.02, subdivision 15.
new text end
Sec. 5.
Minnesota Statutes 2010, section 119B.125, subdivision 2, is amended to read:
Subd. 2.
Persons who cannot be authorized.
(a) deleted text begin When any member of the
legal, nonlicensed family child care provider's household meets any of the conditions
under paragraphs (b) to (n), the provider must not be authorized as a legal nonlicensed
family child care provider. To determine whether any of the listed conditions exist, the
county must request information about the provider and other household members for
whom a background study is required under subdivision 1a from the Bureau of Criminal
Apprehension, the juvenile courts, and social service agencies. When one of the listed
entities does not maintain information on a statewide basis, the county must contact
the entity in the county where the provider resides and any other county in which the
provider or any household member previously resided in the past year. For purposes of
this subdivision, a finding that a delinquency petition is proven in juvenile court must be
considered a conviction in state district court.deleted text end new text begin The provider seeking authorization under
this section shall collect the information required under section 245C.05, subdivision 1,
and forward the information to the county agency. The background study must include
a review of the information required under section 245C.08, subdivisions 2, 3, and 4,
paragraph (b). A nonlicensed family child care provider is not authorized under this
section if any household member who is the subject of a background study is determined
to have a disqualifying characteristic under paragraphs (b) to (e) or under section 245C.14
or 245C.15.new text end If a county has determined that a provider is able to be authorized in that
county, and a family in another county later selects that provider, the provider is able to
be authorized in the second county without undergoing a new background investigation
unless one of the following conditions exists:
(1) two years have passed since the first authorization;
(2) another person age 13 or older has joined the provider's household since the
last authorization;
(3) a current household member has turned 13 since the last authorization; or
(4) there is reason to believe that a household member has a factor that prevents
authorization.
deleted text begin
(b) The person has been convicted of one of the following offenses or has admitted to
committing or a preponderance of the evidence indicates that the person has committed an
act that meets the definition of one of the following offenses: sections 609.185 to 609.195,
murder in the first, second, or third degree; 609.2661 to 609.2663, murder of an unborn
child in the first, second, or third degree; 609.322, solicitation, inducement, promotion
of prostitution, or receiving profit from prostitution; 609.342 to 609.345, criminal sexual
conduct in the first, second, third, or fourth degree; 609.352, solicitation of children to
engage in sexual conduct; 609.365, incest; 609.377, felony malicious punishment of a
child; 617.246, use of minors in sexual performance; 617.247, possession of pictorial
representation of a minor; 609.2242 to 609.2243, felony domestic assault; a felony offense
of spousal abuse; a felony offense of child abuse or neglect; a felony offense of a crime
against children; or an attempt or conspiracy to commit any of these offenses as defined in
Minnesota Statutes; or an offense in any other state or country where the elements are
substantially similar to any of the offenses listed in this paragraph.
deleted text end
deleted text begin
(c) Less than 15 years have passed since the discharge of the sentence imposed for
the offense and the person has received a felony conviction for one of the following
offenses, or the person has admitted to committing or a preponderance of the evidence
indicates that the person has committed an act that meets the definition of a felony
conviction for one of the following offenses: sections 609.20 to 609.205, manslaughter
in the first or second degree; 609.21, criminal vehicular homicide; 609.215, aiding
suicide or aiding attempted suicide; 609.221 to 609.2231, assault in the first, second,
third, or fourth degree; 609.224, repeat offenses of fifth-degree assault; 609.228, great
bodily harm caused by distribution of drugs; 609.2325, criminal abuse of a vulnerable
adult; 609.2335, financial exploitation of a vulnerable adult; 609.235, use of drugs to
injure or facilitate a crime; 609.24, simple robbery; 617.241, repeat offenses of obscene
materials and performances; 609.245, aggravated robbery; 609.25, kidnapping; 609.255,
false imprisonment; 609.2664 to 609.2665, manslaughter of an unborn child in the first or
second degree; 609.267 to 609.2672, assault of an unborn child in the first, second, or third
degree; 609.268, injury or death of an unborn child in the commission of a crime; 609.27,
coercion; 609.275, attempt to coerce; 609.324, subdivision 1, other prohibited acts, minor
engaged in prostitution; 609.3451, repeat offenses of criminal sexual conduct in the fifth
degree; 609.378, neglect or endangerment of a child; 609.52, theft; 609.521, possession of
shoplifting gear; 609.561 to 609.563, arson in the first, second, or third degree; 609.582,
burglary in the first, second, third, or fourth degree; 609.625, aggravated forgery; 609.63,
forgery; 609.631, check forgery, offering a forged check; 609.635, obtaining signature
by false pretenses; 609.66, dangerous weapon; 609.665, setting a spring gun; 609.67,
unlawfully owning, possessing, or operating a machine gun; 609.687, adulteration; 609.71,
riot; 609.713, terrorist threats; 609.749, stalking; 260C.301, termination of parental rights;
152.021 to 152.022 and 152.0262, controlled substance crime in the first or second degree;
152.023, subdivision 1, clause (3) or (4), or 152.023, subdivision 2, clause (4), controlled
substance crime in third degree; 152.024, subdivision 1, clause (2), (3), or (4), controlled
substance crime in fourth degree; 617.23, repeat offenses of indecent exposure; an attempt
or conspiracy to commit any of these offenses as defined in Minnesota Statutes; or an
offense in any other state or country where the elements are substantially similar to any of
the offenses listed in this paragraph.
deleted text end
deleted text begin
(d) Less than ten years have passed since the discharge of the sentence imposed for
the offense and the person has received a gross misdemeanor conviction for one of the
following offenses or the person has admitted to committing or a preponderance of the
evidence indicates that the person has committed an act that meets the definition of a gross
misdemeanor conviction for one of the following offenses: sections 609.224, fifth-degree
assault; 609.2242 to 609.2243, domestic assault; 518B.01, subdivision 14, violation of
an order for protection; 609.3451, fifth-degree criminal sexual conduct; 609.746, repeat
offenses of interference with privacy; 617.23, repeat offenses of indecent exposure;
617.241, obscene materials and performances; 617.243, indecent literature, distribution;
617.293, disseminating or displaying harmful material to minors; 609.71, riot; 609.66,
dangerous weapons; 609.749, stalking; 609.224, subdivision 2, paragraph (c), fifth-degree
assault against a vulnerable adult by a caregiver; 609.23, mistreatment of persons
confined; 609.231, mistreatment of residents or patients; 609.2325, criminal abuse of a
vulnerable adult; 609.2335, financial exploitation of a vulnerable adult; 609.233, criminal
neglect of a vulnerable adult; 609.234, failure to report maltreatment of a vulnerable adult;
609.72, subdivision 3, disorderly conduct against a vulnerable adult; 609.265, abduction;
609.378, neglect or endangerment of a child; 609.377, malicious punishment of a child;
609.324, subdivision 1a, other prohibited acts, minor engaged in prostitution; 609.33,
disorderly house; 609.52, theft; 609.582, burglary in the first, second, third, or fourth
degree; 609.631, check forgery, offering a forged check; 609.275, attempt to coerce; an
attempt or conspiracy to commit any of these offenses as defined in Minnesota Statutes; or
an offense in any other state or country where the elements are substantially similar to
any of the offenses listed in this paragraph.
deleted text end
deleted text begin
(e) Less than seven years have passed since the discharge of the sentence imposed
for the offense and the person has received a misdemeanor conviction for one of the
following offenses or the person has admitted to committing or a preponderance of the
evidence indicates that the person has committed an act that meets the definition of a
misdemeanor conviction for one of the following offenses: sections 609.224, fifth-degree
assault; 609.2242, domestic assault; 518B.01, violation of an order for protection;
609.3232, violation of an order for protection; 609.746, interference with privacy; 609.79,
obscene or harassing telephone calls; 609.795, letter, telegram, or package opening,
harassment; 617.23, indecent exposure; 609.2672, assault of an unborn child, third degree;
617.293, dissemination and display of harmful materials to minors; 609.66, dangerous
weapons; 609.665, spring guns; an attempt or conspiracy to commit any of these offenses
as defined in Minnesota Statutes; or an offense in any other state or country where the
elements are substantially similar to any of the offenses listed in this paragraph.
deleted text end
deleted text begin
(f) The person has been identified by the child protection agency in the county where
the provider resides or a county where the provider has resided or by the statewide child
protection database as a person found by a preponderance of evidence under section
626.556 to be responsible for physical or sexual abuse of a child within the last seven years.
deleted text end
deleted text begin
(g) The person has been identified by the adult protection agency in the county
where the provider resides or a county where the provider has resided or by the statewide
adult protection database as the person responsible for abuse or neglect of a vulnerable
adult within the last seven years.
deleted text end
deleted text begin (h)deleted text end new text begin (b)new text end The person has refused to give written consent for disclosure of criminal
history records.
deleted text begin (i)deleted text end new text begin (c)new text end The person has been denied a family child care license or has received a fine
or a sanction as a licensed child care provider that has not been reversed on appeal.
deleted text begin (j)deleted text end new text begin (d)new text end The person has a family child care licensing disqualification that has not
been set aside.
deleted text begin (k)deleted text end new text begin (e)new text end The person has admitted or a county has found that there is a preponderance
of evidence that fraudulent information was given to the county for child care assistance
application purposes or was used in submitting child care assistance bills for payment.
deleted text begin
(l) The person has been convicted of the crime of theft by wrongfully obtaining
public assistance or has been found guilty of wrongfully obtaining public assistance by a
federal court, state court, or an administrative hearing determination or waiver, through a
disqualification consent agreement, as part of an approved diversion plan under section
401.065, or a court-ordered stay with probationary or other conditions.
deleted text end
deleted text begin
(m) The person has a household member age 13 or older who has access to children
during the hours that care is provided and who meets one of the conditions listed in
paragraphs (b) to (l).
deleted text end
deleted text begin
(n) The person has a household member ages ten to 12 who has access to children
during the hours that care is provided; information or circumstances exist which provide
the county with articulable suspicion that further pertinent information may exist showing
the household member meets one of the conditions listed in paragraphs (b) to (l); and the
household member actually meets one of the conditions listed in paragraphs (b) to (l).
deleted text end
Sec. 6.
Minnesota Statutes 2010, section 119B.125, subdivision 6, is amended to read:
Subd. 6.
Record-keeping requirement.
All providers new text begin receiving child care
assistance payments new text end must keep daily attendance records for new text begin all new text end children deleted text begin receiving child
care assistancedeleted text end new text begin in care new text end and must make those records available immediately to the county
upon request. new text begin The attendance records must be completed daily and include the date, the
first, middle, and last name of each child in attendance, the times when each child is
dropped off and picked up, and the total number of hours of attendance for each child
present on that date. The times that the child was dropped off to and picked up from the
child care provider must be entered by the person dropping off or picking up the child. new text end The
daily attendance records must be retained for six years after the date of service. A county
may deny authorization as a child care provider to any applicant or rescind authorization
of any provider when the county knows or has reason to believe that the provider has not
complied with the record-keeping requirement in this subdivision.
Sec. 7.
Minnesota Statutes 2010, section 119B.13, subdivision 1, is amended to read:
Subdivision 1.
Subsidy restrictions.
(a) Beginning July 1, 2006, the maximum rate
paid for child care assistance in any county or multicounty region under the child care
fund shall be the rate for like-care arrangements in the county effective January 1, 2006,
increased by six percent.
(b) Rate changes shall be implemented for services provided in September 2006
unless a participant eligibility redetermination or a new provider agreement is completed
between July 1, 2006, and August 31, 2006.
As necessary, appropriate notice of adverse action must be made according to
Minnesota Rules, part 3400.0185, subparts 3 and 4.
New cases approved on or after July 1, 2006, shall have the maximum rates under
paragraph (a), implemented immediately.
(c) deleted text begin Every yeardeleted text end new text begin Biennially, beginning in 2012new text end , the commissioner shall survey
rates charged by child care providers in Minnesota to determine the 75th percentile for
like-care arrangements in counties. When the commissioner determines that, using the
commissioner's established protocol, the number of providers responding to the survey is
too small to determine the 75th percentile rate for like-care arrangements in a county or
multicounty region, the commissioner may establish the 75th percentile maximum rate
based on like-care arrangements in a county, region, or category that the commissioner
deems to be similar.
(d) A rate which includes a special needs rate paid under subdivision 3 or under a
school readiness service agreement paid under section 119B.231, may be in excess of the
maximum rate allowed under this subdivision.
(e) The department shall monitor the effect of this paragraph on provider rates. The
county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care on
an hourly, full-day, and weekly basis, including special needs and disability care.
(f) When the provider charge is greater than the maximum provider rate allowed,
the parent is responsible for payment of the difference in the rates in addition to any
family co-payment fee.
(g) All maximum provider rates changes shall be implemented on the Monday
following the effective date of the maximum provider rate.
Sec. 8.
Minnesota Statutes 2010, section 119B.13, subdivision 3a, is amended to read:
Subd. 3a.
Provider rate differential for accreditation.
A family child care
provider or child care center shall be paid a 15 percent differential above the maximum rate
established in subdivision 1, up to the actual provider rate, if the provider or center holds a
current early childhood development credential or is accredited. For a family child care
provider, early childhood development credential and accreditation includes an individual
who has earned a child development associate degree, a child development associate
credential, a diploma in child development from a Minnesota state technical college, or a
bachelor's or post baccalaureate degree in early childhood education from an accredited
college or university, or who is accredited by the National Association for Family Child
Care deleted text begin or the Competency Based Training and Assessment Programdeleted text end . new text begin Beginning January
1, 2012, a request or renewal for the rate differential submitted by a family child care
provider must be documented using the Minnesota Center for Professional Development
Career Lattice. To meet the requirement for the differential, the provider must be at a
level six or higher on the Career Lattice. new text end For a child care center, accreditation includes
accreditation by the National Association for the Education of Young Children, the
Council on Accreditation, the National Early Childhood Program Accreditation, deleted text begin the
National School-Age Care Association,deleted text end new text begin Minnesota School Age Care Association, new text end or
the National Head Start Association Program of Excellence. For Montessori programs,
accreditation includes the American Montessori Societydeleted text begin ,deleted text end new text begin or the new text end Association of Montessori
International-USAdeleted text begin , or the National Center for Montessori Educationdeleted text end .
Sec. 9.
Minnesota Statutes 2010, section 119B.13, subdivision 6, is amended to read:
Subd. 6.
Provider payments.
(a) The provider shall bill for services provided
within ten days of the end of the service period. If bills are submitted within ten days of
the end of the service period, payments under the child care fund shall be made within 30
days of receiving a bill from the provider. Counties or the state may establish policies that
make payments on a more frequent basis.
(b) If a provider has received an authorization of care and been issued a billing form
for an eligible family, the bill must be submitted within 60 days of the last date of service
on the bill. A bill submitted more than 60 days after the last date of service must be
paid if the county determines that the provider has shown good cause why the bill was
not submitted within 60 days. Good cause must be defined in the county's child care
fund plan under section 119B.08, subdivision 3, and the definition of good cause must
include county error. Any bill submitted more than a year after the last date of service on
the bill must not be paid.
(c) If a provider provided care for a time period without receiving an authorization
of care and a billing form for an eligible family, payment of child care assistance may only
be made retroactively for a maximum of six months from the date the provider is issued
an authorization of care and billing form.
(d) A county maynew text begin refuse to issue a child care authorization to a licensed or legal
nonlicensed provider, revoke an existing child care authorization to a licensed or legal
nonlicensed provider,new text end stop payment issued to anew text begin licensed or legal nonlicensednew text end providernew text begin ,new text end or
deleted text begin maydeleted text end refuse to pay a bill submitted by anew text begin licensed or legal nonlicensednew text end provider if:
(1) the provider admits to intentionally giving the county materially false information
on the provider's billing forms; deleted text begin or
deleted text end
(2) a county finds by a preponderance of the evidence that the provider intentionally
gave the county materially false information on the provider's billing formsdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(3) the provider is in violation of licensing or child care assistance program rules and
the provider has not corrected the violation;
new text end
new text begin
(4) the provider submits false attendance reports or refuses to provide documentation
of the child's attendance upon request; or
new text end
new text begin
(5) the provider gives false child care price information.
new text end
(e) A county's payment policies must be included in the county's child care plan
under section 119B.08, subdivision 3. If payments are made by the state, in addition to
being in compliance with this subdivision, the payments must be made in compliance
with section 16A.124.
Sec. 10. new text begin CHILD CARE ASSISTANCE PROGRAM RULE CHANGE.
new text end
new text begin
The commissioner shall amend Minnesota Rules, part 3400.0035, subpart 2, to
remove the requirement that applications must be submitted by mail or delivered to the
agency within 15 calendar days after the date of signature. The commissioner shall
comply with Minnesota Statutes, section 14.389, in adopting the amendment.
new text end
ARTICLE 2
SIMPLIFICATION OF MFIP AND DWP
Section 1.
Minnesota Statutes 2010, section 256J.08, subdivision 11, is amended to
read:
Subd. 11.
Caregiver.
"Caregiver" means a minor child's deleted text begin naturaldeleted text end new text begin birthnew text end or adoptive
parent or parents and stepparent who live in the home with the minor child. For purposes
of determining eligibility for this program, caregiver also means any of the following
individuals, if adults, who live with and provide care and support to a minor child when
the minor child's deleted text begin naturaldeleted text end new text begin birthnew text end or adoptive parent or parents or stepparents do not reside
in the same home: legal custodian or guardian, grandfather, grandmother, brother, sister,
half brother, half sister, stepbrother, stepsister, uncle, aunt, first cousin or first cousin once
removed, nephew, niece, person of preceding generation as denoted by prefixes of "great,"
"great-great," or "great-great-great," or a spouse of any person named in the above groups
even after the marriage ends by death or divorce.
Sec. 2.
Minnesota Statutes 2010, section 256J.24, subdivision 2, is amended to read:
Subd. 2.
Mandatory assistance unit composition.
Except for minor caregivers
and their children who must be in a separate assistance unit from the other persons in
the household, when the following individuals live together, they must be included in
the assistance unit:
(1) a minor child, including a pregnant minor;
(2) the minor child's minor siblings, minor half siblings, and minor stepsiblings;
(3) the minor child's deleted text begin naturaldeleted text end new text begin birthnew text end parents, adoptive parents, and stepparents; and
(4) the spouse of a pregnant woman.
A minor child must have a caregiver for the child to be included in the assistance unit.
Sec. 3.
Minnesota Statutes 2010, section 256J.32, subdivision 6, is amended to read:
Subd. 6.
Recertification.
new text begin (a) new text end The county agency shall recertify eligibility in an
annual face-to-face interview with the participant deleted text begin anddeleted text end new text begin . The county agency may waive the
face-to-face interview and conduct a phone interview for participants who qualify under
paragraph (b). During the interview the county agency shallnew text end verify the following:
(1) presence of the minor child in the home, if questionable;
(2) income, unless excluded, including self-employment expenses used as a
deduction or deposits or withdrawals from business accounts;
(3) assets when the value is within $200 of the asset limit;
(4) information to establish an exception under section 256J.24, subdivision 9, if
questionable;
(5) inconsistent information, if related to eligibility; and
(6) whether a single caregiver household meets requirements in section 256J.575,
subdivision 3.
new text begin
(b) A participant who is employed any number of hours must be given the option of
conducting a face-to-face or phone interview to recertify eligibility. The participant must
be employed at the time the interview is scheduled. If the participant loses the participant's
job between the time the interview is scheduled and when it is to be conducted, the phone
interview may still be conducted.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2011.
new text end
Sec. 4.
Minnesota Statutes 2010, section 256J.621, is amended to read:
256J.621 WORK PARTICIPATION CASH BENEFITS.
(a) Effective October 1, 2009, upon exiting the diversionary work program (DWP)
or upon terminating the Minnesota family investment program with earnings, a participant
who is employed may be eligible for work participation cash benefits of $25 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 or diversionary work program 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 deleted text begin an average of at leastdeleted text end 130 hours per month.
Whenever a participant exits the diversionary work program or 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. 5.
Minnesota Statutes 2010, section 256J.68, subdivision 7, is amended to read:
Subd. 7.
Exclusive procedure.
The procedure established by this section is
exclusive of all other legal, equitable, and statutory remedies against the state, its political
subdivisions, or employees of the state or its political subdivisions. The claimant shall
not be entitled to seek damages from any state, county, tribal, or reservation insurance
policy or self-insurance program.new text begin A provider who accepts or agrees to accept an injury
protection program payment for services provided to an individual must not require any
payment from the individual.
new text end
Sec. 6.
Minnesota Statutes 2010, section 256J.95, subdivision 3, is amended to read:
Subd. 3.
Eligibility for diversionary work program.
(a) Except for the categories
of family units listed deleted text begin belowdeleted text end new text begin in clauses (1) to (8)new text end , all family units who apply for cash
benefits and who meet MFIP eligibility as required in sections 256J.11 to 256J.15 are
eligible and must participate in the diversionary work program. Family units or individuals
that are not eligible for the diversionary work program include:
(1) child only cases;
(2) deleted text begin adeleted text end single-parent family deleted text begin unitdeleted text end new text begin unitsnew text end that deleted text begin includesdeleted text end new text begin includenew text end a child under 12 months of
age. A parent is eligible for this exception once in a parent's lifetime;
(3) new text begin family units with new text end a minor parent without a high school diploma or its equivalent;
(4) new text begin family units with new text end an 18- or 19-year-old caregiver without a high school diploma
or its equivalent who chooses to have an employment plan with an education option;
deleted text begin
(5) a caregiver age 60 or over;
deleted text end
deleted text begin (6)deleted text end new text begin (5)new text end family units with a caregiver who received DWP benefits deleted text begin indeleted text end new text begin withinnew text end the 12
months prior to the month the family applied for DWP, except as provided in paragraph (c);
deleted text begin (7)deleted text end new text begin (6)new text end family units with a caregiver who received MFIP within the 12 months prior
to the month the family deleted text begin unitdeleted text end applied for DWP;
deleted text begin (8) adeleted text end new text begin (7)new text end family deleted text begin unitdeleted text end new text begin unitsnew text end with a caregiver who received 60 or more months of
TANF assistance;new text begin and
new text end
deleted text begin (9)deleted text end new text begin (8) family units withnew text end a caregiver who is disqualified from the work participation
cash benefit program, DWP, or MFIP due to frauddeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(10) refugees and asylees as defined in Code of Federal Regulations, title 45, part
400, subpart d, section 400.43, who arrived in the United States in the 12 months prior to
the date of application for family cash assistance.
deleted text end
(b) A two-parent family must participate in DWP unless both caregivers meet the
criteria for an exception under paragraph (a), clauses (1) through (5), or the family unit
includes a parent who meets the criteria in paragraph (a), clause (6), (7), (8), (9), or (10).
(c) Once DWP eligibility is determined, the four months run consecutively. If a
participant leaves the program for any reason and reapplies during the four-month period,
the county must redetermine eligibility for DWP.