HF 417

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to shelter facilities for battered women; 
  1.3             requiring payments to be made directly to shelters; 
  1.4             clarifying the definition of battered women; 
  1.5             specifying that requests for payment and appeals be 
  1.6             directed to the commissioner of human services; 
  1.7             amending Minnesota Statutes 1994, section 256D.05, 
  1.8             subdivisions 3 and 3a. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 256D.05, 
  1.11  subdivision 3, is amended to read: 
  1.12     Subd. 3.  [RESIDENTS OF SHELTER FACILITIES.] 
  1.13  Notwithstanding the provisions of subdivisions 1 and 2, general 
  1.14  assistance payments shall be made by the commissioner for 
  1.15  maintenance costs and security costs which are related to 
  1.16  providing 24-hour staff coverage at the facility incurred as a 
  1.17  result of residence in a secure crisis shelter, a housing 
  1.18  network, or other shelter facilities which provide shelter 
  1.19  services to women a battered woman, as that term is defined in 
  1.20  section 611A.31, subdivision 2, and their her children who are 
  1.21  being or have been assaulted by their spouses, other male 
  1.22  relatives, or other males with whom they are residing or have 
  1.23  resided in the past. 
  1.24     These payments shall be made directly to the shelter 
  1.25  facility by the commissioner from general assistance funds, on 
  1.26  behalf of women and their children who are receiving, or who are 
  1.27  eligible to receive, aid to families with dependent children or 
  2.1   general assistance.  
  2.2      In determining eligibility of women and children for 
  2.3   payment of general assistance under this subdivision, the asset 
  2.4   limitations of the aid to families with dependent children 
  2.5   program shall be applied.  Payments to shelter facilities shall 
  2.6   not affect the eligibility of individuals who reside in shelter 
  2.7   facilities for aid to families with dependent children or 
  2.8   general assistance or payments made to individuals who reside in 
  2.9   shelter facilities through aid to families with dependent 
  2.10  children or general assistance, except when required by federal 
  2.11  law or regulation.  
  2.12     Sec. 2.  Minnesota Statutes 1994, section 256D.05, 
  2.13  subdivision 3a, is amended to read: 
  2.14     Subd. 3a.  [SHELTER FACILITY'S RIGHT TO APPEAL.] A facility 
  2.15  providing shelter for women and their children may appeal a 
  2.16  decision of a county agency the commissioner arising from a 
  2.17  request for payment pursuant to subdivision 3.  To appeal, the 
  2.18  shelter facility shall submit a written appeal request within 30 
  2.19  days of receiving notice of the commissioner's refusal to issue 
  2.20  payment pursuant to section 256.01, subdivision 2, paragraph 
  2.21  (16).  The appeal shall be heard by an administrative law judge 
  2.22  according to sections 14.48 to 14.62, except that the report of 
  2.23  the administrative law judge is binding on all parties.  Within 
  2.24  15 days of receipt of a written appeal request from a shelter 
  2.25  facility, the county agency commissioner shall file a request 
  2.26  for assignment of a judge together with a notice of and order 
  2.27  for hearing proposed to be issued.  The record in the contested 
  2.28  case proceeding shall not include any evidence, including 
  2.29  records and documents, developed by the commissioner in the 
  2.30  commissioner's review, pursuant to section 256.01, subdivision 
  2.31  2, paragraph (16).