HF 793

as introduced - 84th Legislature (2005 - 2006) 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 2004,
section 256J.95, subdivision 3.

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

Section 1.

Minnesota Statutes 2004, 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 years 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