1.1                          A bill for an act 
  1.2             relating to human services; creating a separate state 
  1.3             program for families that include individuals with 
  1.4             permanent disabilities or special needs children; 
  1.5             amending Minnesota Statutes 1998, section 256J.52, 
  1.6             subdivision 2; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 256J. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 256J.52, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [INITIAL ASSESSMENT.] (a) The job counselor must, 
  1.12  with the cooperation of the participant, assess the 
  1.13  participant's ability to obtain and retain employment.  This 
  1.14  initial assessment must include a review of the participant's 
  1.15  education level, prior employment or work experience, 
  1.16  transferable work skills, and existing job markets.  The job 
  1.17  counselor shall determine if the participant is eligible for a 
  1.18  nonassistance cash program under this chapter.  If the 
  1.19  participant is eligible for a nonassistance cash program, the 
  1.20  job counselor shall transfer the participant to the appropriate 
  1.21  program. 
  1.22     (b) In assessing the participant, the job counselor must 
  1.23  determine if the participant needs refresher courses for 
  1.24  professional certification or licensure, in which case, the job 
  1.25  search plan under subdivision 3 must include the courses 
  1.26  necessary to obtain the certification or licensure, in addition 
  2.1   to other work activities, provided the combination of the 
  2.2   courses and other work activities are at least for 40 hours per 
  2.3   week.  
  2.4      (c) If a participant can demonstrate to the satisfaction of 
  2.5   the county agency that lack of proficiency in English is a 
  2.6   barrier to obtaining suitable employment, the job counselor must 
  2.7   include participation in an intensive English as a second 
  2.8   language program if available or otherwise a regular English as 
  2.9   a second language program in the individual's employment plan 
  2.10  under subdivision 5.  Lack of proficiency in English is not 
  2.11  necessarily a barrier to employment.  
  2.12     (d) The job counselor may approve an education or training 
  2.13  plan, and postpone the job search requirement, if the 
  2.14  participant has a proposal for an education program which: 
  2.15     (1) can be completed within 12 months; 
  2.16     (2) meets the criteria of section 256J.53, subdivisions 2, 
  2.17  3, and 5; and 
  2.18     (3) is likely, without additional training, to lead to 
  2.19  monthly employment earnings which, after subtraction of the 
  2.20  earnings disregard under section 256J.21, equal or exceed the 
  2.21  family wage level for the participant's assistance unit. 
  2.22     (e) A participant who, at the time of the initial 
  2.23  assessment, presents a plan that includes farming as a 
  2.24  self-employed work activity must have an employment plan 
  2.25  developed under subdivision 5 that includes the farming as an 
  2.26  approved work activity. 
  2.27     Sec. 2.  [256J.93] [ASSISTANCE FOR A FAMILY WITH A SPECIAL 
  2.28  NEEDS CHILD OR AN INDIVIDUAL WITH A PERMANENT DISABILITY.] 
  2.29     A family that is eligible for MFIP that either includes a 
  2.30  special needs child or an individual with a permanent disability 
  2.31  shall receive assistance under this section.  The assistance 
  2.32  provided to the eligible family must be based on the MFIP 
  2.33  assistance provided to a family of the same size and 
  2.34  composition.  The assistance must continue until the family 
  2.35  would lose MFIP eligibility, or until the family no longer 
  2.36  includes an individual with a permanent disability or a special 
  3.1   needs child.  The assistance must be paid with state 
  3.2   maintenance-of-effort funds.  Months spent on assistance under 
  3.3   this section do not count toward the 60-month TANF lifetime 
  3.4   limit on assistance. 
  3.5      For purposes of this section, a special needs child 
  3.6   includes a child who has a physical, mental, or emotional 
  3.7   condition requiring additional care.  The permanent disability 
  3.8   must be evidenced by professional certification.