HF 1805

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to welfare; providing exemptions from and 
  1.3             extensions of the 60-month time limit on MFIP 
  1.4             assistance; amending Minnesota Statutes 2000, section 
  1.5             256J.42, subdivision 5; proposing coding for new law 
  1.6             in Minnesota Statutes, chapter 256J. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 256J.42, 
  1.9   subdivision 5, is amended to read: 
  1.10     Subd. 5.  [EXEMPTION FOR CERTAIN FAMILIES.] (a) Any cash 
  1.11  assistance received by an assistance unit does not count toward 
  1.12  the 60-month limit on assistance during a month in which the 
  1.13  caregiver (1) is in the a category in section 256J.56, paragraph 
  1.14  (a), clause (1); (2) is earning income and participating in work 
  1.15  activities, as defined in section 256J.49, subdivision 13, for 
  1.16  at least 40 hours per week for a two-parent family, or 20 hours 
  1.17  per week for a single-parent family, unless the individualized 
  1.18  plan requires fewer hours of work activities, then it is the 
  1.19  number of hours required in the plan; or (3) is in an education 
  1.20  or training program, including, but not limited to, English as a 
  1.21  second language (ESL) program. 
  1.22     (b) From July 1, 1997, until the date MFIP is operative in 
  1.23  the caregiver's county of financial responsibility, any cash 
  1.24  assistance received by a caregiver who is complying with 
  1.25  Minnesota Statutes 1996, section 256.73, subdivision 5a, and 
  1.26  Minnesota Statutes 1998, section 256.736, if applicable, does 
  2.1   not count toward the 60-month limit on assistance.  Thereafter, 
  2.2   any cash assistance received by a minor caregiver who is 
  2.3   complying with the requirements of sections 256J.14 and 256J.54, 
  2.4   if applicable, does not count towards the 60-month limit on 
  2.5   assistance. 
  2.6      (c) Any diversionary assistance or emergency assistance 
  2.7   received does not count toward the 60-month limit. 
  2.8      (d) (c) Any cash assistance received by an 18- or 
  2.9   19-year-old caregiver who is complying with the requirements of 
  2.10  section 256J.54 does not count toward the 60-month limit. 
  2.11     Sec. 2.  [256J.422] [60-MONTH TIME LIMIT REVIEW; EXTENSION; 
  2.12  APPEAL.] 
  2.13     Subdivision 1.  [EXTENSION OF 60-MONTH TIME LIMIT.] At the 
  2.14  end of the participant's eligibility period when TANF assistance 
  2.15  has been exhausted, the participant's time limit will be 
  2.16  extended provided the participant meets the MFIP eligibility 
  2.17  criteria.  Participants must comply with MFIP requirements or be 
  2.18  subject to a sanction.  The county may choose not to provide an 
  2.19  extension for participants if after a face-to-face review, the 
  2.20  participant does not fall under any of the categories in 
  2.21  subdivision 2. 
  2.22     Subd. 2.  [REVIEW.] (a) A county representative may 
  2.23  schedule a face-to-face review with a participant who is nearing 
  2.24  the 60-month time limit on TANF assistance.  The face-to-face 
  2.25  review must be conducted with a county representative, a 
  2.26  representative from a legal rights organization that primarily 
  2.27  represents low-income individuals, and the participant.  A 
  2.28  face-to-face review with the participant must be conducted 
  2.29  before the participant is denied an extension.  
  2.30     (b) In the face-to-face review, the individuals in 
  2.31  attendance shall determine if: 
  2.32     (1) the participant's plan is inappropriate or it should be 
  2.33  modified in order for the participant to reduce barriers or 
  2.34  achieve goals that will lead to long-term self-sufficiency; 
  2.35     (2) the participant falls under any of the exempt 
  2.36  categories in section 256J.42; 
  3.1      (3) there are other substantial barriers that need to be 
  3.2   addressed, which include, but are not limited to, language 
  3.3   barriers, physical or mental health needs, or learning 
  3.4   disabilities; 
  3.5      (4) there are services that were required to be provided or 
  3.6   necessary in order to fulfill the requirements of the plan that 
  3.7   were unavailable to the participant; 
  3.8      (5) there are educational opportunities that will lead to 
  3.9   self-sufficiency that were not allowed or offered to the 
  3.10  participant; 
  3.11     (6) the participant's plan is appropriate and the 
  3.12  participant is meeting the expectations of the participant's 
  3.13  individualized plan, or in a two-parent family, at least one 
  3.14  participant has an appropriate plan and is meeting the 
  3.15  expectations of that individualized plan; 
  3.16     (7) the employment held by the participant will not provide 
  3.17  a wage of at least 120 percent of the federal poverty guidelines 
  3.18  for the same family size, or in a two-parent family, when at 
  3.19  least one parent is cooperating with the program requirements, 
  3.20  the employment held by the cooperating participant will not 
  3.21  provide a wage of at least 120 percent of the federal poverty 
  3.22  guidelines for the same family size; or 
  3.23     (8) there are other issues that need to be addressed before 
  3.24  the participant is denied an extension. 
  3.25     Subd. 3.  [APPEAL OF COUNTY DECISION.] If the county denies 
  3.26  an extension under subdivision 2, the participant may appeal the 
  3.27  decision under section 256J.40.  Assistance must continue until 
  3.28  the appeal is resolved. 
  3.29     Sec. 3.  [EFFECTIVE DATE.] 
  3.30     Section 1 is effective retroactive to January 1, 1998.