HF 316

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; exempting certain refugees and asylees from
participating in the diversionary work program; amending Minnesota Statutes
2006, section 256J.95, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, 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 below, 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 that are not eligible for the
diversionary work program include:

(1) child only cases;

(2) a single-parent family unit that includes a child under 12 weeks of age. A parent
is eligible for this exception once in a parent's lifetime and is not eligible if the parent
has already used the previously allowed child under age one exemption from MFIP
employment services;

(3) a minor parent without a high school diploma or its equivalent;

(4) 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;

(5) a caregiver age 60 or over;

(6) family units with a caregiver who received DWP benefits in the 12 months prior
to the month the family applied for DWP, except as provided in paragraph (c);

(7) family units with a caregiver who received MFIP within the 12 months prior to
the month the family unit applied for DWP;

(8) a family unit with a caregiver who received 60 or more months of TANF
assistance; and

(9) a family unit with a caregiver who is disqualified from DWP or MFIP due to
fraud.

(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), or (9).

(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.

new text begin (d) Newly arrived refugees and asylees as defined in Code of Federal Regulations,
title 45, chapter IV, section 400.13, who (1) have been assigned to a local refugee
resettlement agency, (2) have a case manager, or (3) are enrolled in the federal matching
grant program under United States Code, title 8, chapter 12, section 1522, are exempt
from participating in the diversionary work program and may enroll directly into the
MFIP program. Refugees must have the option of being assigned to an agency that has
employees who are familiar with their culture, speak their language, and have more than
one year of experience in assisting refugees in finding employment. If a case manager
determines that a refugee or asylee has English language skills at or above a spoken
language proficiency level of SPL6 or its equivalent, as measured by a nationally
recognized test, the case manager may enroll the refugee or asylee in the diversionary
work program. Refugees may be referred to the federal refugee employment programs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end