Minnesota Office of the Revisor of Statutes
[*Add Subtitle/link: Office]

Menu

Revisor of Statutes Menu

HF 2080

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 03/01/2012 03:35pm

KEY: stricken = removed, old language. underscored = added, new language.

Pdf

Version List Authors and Status

Bill Text Versions

Engrossments

Introduction Pdf Posted on 02/01/2012
1st Engrossment Pdf Posted on 02/27/2012
2nd Engrossment Pdf Posted on 03/01/2012

Current Version - 2nd Engrossment

1.1A bill for an act
1.2relating to human services; modifying persons ineligible for MFIP; modifying
1.3MFIP sanctions; modifying MFIP time limits; modifying the MFIP exit level;
1.4regulating use of electronic benefit transfer cards;amending Minnesota Statutes
1.52010, sections 256J.08, subdivisions 34b, 51b; 256J.24, subdivision 10; 256J.26,
1.6subdivision 1; 256J.415; 256J.42, subdivisions 1, 4, 5, 6; 256J.425, subdivisions
1.71, 4, 4a, 5, 6; 256J.45, subdivision 2; 256J.46, subdivision 1; 256J.50,
1.8subdivisions 6, 10; 256J.575, subdivision 3; 256J.621; 256J.626, subdivision 2;
1.9256J.751, subdivision 1; Minnesota Statutes 2011 Supplement, section 256.987,
1.10by adding a subdivision.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12    Section 1. Minnesota Statutes 2011 Supplement, section 256.987, is amended by
1.13adding a subdivision to read:
1.14    Subd. 3. EBT use restricted to certain states. EBT debit cardholders in programs
1.15listed under subdivision 1 are prohibited from using the cash portion of the EBT card at
1.16vendors and automatic teller machines located outside of Minnesota, Iowa, North Dakota,
1.17South Dakota, or Wisconsin. This subdivision does not apply to the food portion.

1.18    Sec. 2. Minnesota Statutes 2010, section 256J.08, subdivision 34b, is amended to read:
1.19    Subd. 34b. Family violence waiver. "Family violence waiver" means a waiver
1.20of the 60-month time limit under section 256J.42, subdivision 1, for victims of family
1.21violence who meet the criteria in section 256J.545 and are complying with an employment
1.22plan in section 256J.521, subdivision 3.
1.23EFFECTIVE DATE.This section is effective July 1, 2012.

1.24    Sec. 3. Minnesota Statutes 2010, section 256J.08, subdivision 51b, is amended to read:
2.1    Subd. 51b. Learning disabled. "Learning disabled," for purposes of an extension
2.2to the 60-month time limit under section 256J.425, subdivision 3, clause (3), means
2.3the person has a disorder in one or more of the psychological processes involved in
2.4perceiving, understanding, or using concepts through verbal language or nonverbal means.
2.5Learning disabled does not include learning problems that are primarily the result of
2.6visual, hearing, or motor disabilities; developmental disability; emotional disturbance; or
2.7due to environmental, cultural, or economic disadvantage.
2.8EFFECTIVE DATE.This section is effective July 1, 2012.

2.9    Sec. 4. Minnesota Statutes 2010, section 256J.24, subdivision 10, is amended to read:
2.10    Subd. 10. MFIP exit level. The commissioner shall adjust the MFIP earned
2.11income disregard to ensure that most participants do not lose eligibility for MFIP until
2.12their income reaches at least 115 100 percent of the federal poverty guidelines at the
2.13time of the adjustment. The adjustment to the disregard shall be based on a household
2.14size of three, and the resulting earned income disregard percentage must be applied to all
2.15household sizes. The adjustment under this subdivision must be implemented whenever a
2.16Supplemental Nutrition Assistance Program adjustment is reflected in the food portion of
2.17the MFIP transitional standard as required under subdivision 5a.

2.18    Sec. 5. Minnesota Statutes 2010, section 256J.26, subdivision 1, is amended to read:
2.19    Subdivision 1. Person convicted of drug offenses. (a) Applicants or participants
2.20An individual who have has been convicted of a drug offense committed after July
2.211, 1997, may, if otherwise eligible, receive MFIP benefits subject to the following
2.22conditions: during the previous ten years from the date of application or recertification is
2.23disqualified from receiving MFIP.
2.24(1) Benefits for the entire assistance unit must be paid in vendor form for shelter and
2.25utilities during any time the applicant is part of the assistance unit.
2.26(2) The convicted applicant or participant shall be subject to random drug testing as
2.27a condition of continued eligibility and following any positive test for an illegal controlled
2.28substance is subject to the following sanctions:
2.29(i) for failing a drug test the first time, the residual amount of the participant's grant
2.30after making vendor payments for shelter and utility costs, if any, must be reduced by an
2.31amount equal to 30 percent of the MFIP standard of need for an assistance unit of the same
2.32size. When a sanction under this subdivision is in effect, the job counselor must attempt
2.33to meet with the person face-to-face. During the face-to-face meeting, the job counselor
2.34must explain the consequences of a subsequent drug test failure and inform the participant
3.1of the right to appeal the sanction under section 256J.40. If a face-to-face meeting is
3.2not possible, the county agency must send the participant a notice of adverse action as
3.3provided in section 256J.31, subdivisions 4 and 5, and must include the information
3.4required in the face-to-face meeting; or
3.5(ii) for failing a drug test two times, the participant is permanently disqualified from
3.6receiving MFIP assistance, both the cash and food portions. The assistance unit's MFIP
3.7grant must be reduced by the amount which would have otherwise been made available to
3.8the disqualified participant. Disqualification under this item does not make a participant
3.9ineligible for food stamps or food support. Before a disqualification under this provision is
3.10imposed, the job counselor must attempt to meet with the participant face-to-face. During
3.11the face-to-face meeting, the job counselor must identify other resources that may be
3.12available to the participant to meet the needs of the family and inform the participant of
3.13the right to appeal the disqualification under section 256J.40. If a face-to-face meeting is
3.14not possible, the county agency must send the participant a notice of adverse action as
3.15provided in section 256J.31, subdivisions 4 and 5, and must include the information
3.16required in the face-to-face meeting.
3.17(3) A participant who fails a drug test the first time and is under a sanction due to
3.18other MFIP program requirements is considered to have more than one occurrence of
3.19noncompliance and is subject to the applicable level of sanction as specified under section
3.20256J.46, subdivision 1, paragraph (d).
3.21(b) Applicants requesting only food stamps or food support or participants receiving
3.22only food stamps or food support, who have been convicted of a drug offense that
3.23occurred after July 1, 1997, may, if otherwise eligible, receive food stamps or food support
3.24if the convicted applicant or participant is subject to random drug testing as a condition
3.25of continued eligibility. Following a positive test for an illegal controlled substance, the
3.26applicant is subject to the following sanctions:
3.27(1) for failing a drug test the first time, food stamps or food support shall be reduced
3.28by an amount equal to 30 percent of the applicable food stamp or food support allotment.
3.29When a sanction under this clause is in effect, a job counselor must attempt to meet with
3.30the person face-to-face. During the face-to-face meeting, a job counselor must explain
3.31the consequences of a subsequent drug test failure and inform the participant of the right
3.32to appeal the sanction under section 256J.40. If a face-to-face meeting is not possible,
3.33a county agency must send the participant a notice of adverse action as provided in
3.34section 256J.31, subdivisions 4 and 5, and must include the information required in the
3.35face-to-face meeting; and
4.1(2) for failing a drug test two times, the participant is permanently disqualified from
4.2receiving food stamps or food support. Before a disqualification under this provision is
4.3imposed, a job counselor must attempt to meet with the participant face-to-face. During
4.4the face-to-face meeting, the job counselor must identify other resources that may be
4.5available to the participant to meet the needs of the family and inform the participant of
4.6the right to appeal the disqualification under section 256J.40. If a face-to-face meeting
4.7is not possible, a county agency must send the participant a notice of adverse action as
4.8provided in section 256J.31, subdivisions 4 and 5, and must include the information
4.9required in the face-to-face meeting.
4.10(c) (b) For the purposes of this subdivision, "drug offense" means an offense that
4.11occurred after July 1, 1997, of sections 152.021 to 152.025, 152.0261, 152.0262, or
4.12152.096 . Drug offense also means a conviction in another jurisdiction of the possession,
4.13use, or distribution of a controlled substance, or conspiracy to commit any of these
4.14offenses, if the offense occurred after July 1, 1997, and the conviction is a felony offense
4.15in that jurisdiction, or in the case of New Jersey, a high misdemeanor.
4.16EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
4.17applicants who apply on or after that date and for all recertifications occurring on or
4.18after that date.

4.19    Sec. 6. Minnesota Statutes 2010, section 256J.415, is amended to read:
4.20256J.415 NOTICE OF 12 MONTHS OF TANF ASSISTANCE REMAINING.
4.21(a) The county agency shall mail a notice to each assistance unit when the assistance
4.22unit has 12 months of TANF assistance remaining and each month thereafter until the
4.2360-month time limit under section 256J.42, subdivision 1, has expired. The notice must be
4.24developed by the commissioner of human services and must contain information about the
4.2560-month time limit, the number of months the participant has remaining, the hardship
4.26extension policy, and any other information that the commissioner deems pertinent to an
4.27assistance unit nearing the 60-month time limit.
4.28(b) For applicants who have less than 12 months remaining in the 60-month time
4.29limit because the unit previously received TANF assistance in Minnesota or another state,
4.30the county agency shall notify the applicant of the number of months of TANF remaining
4.31when the application is approved and begin the process required in paragraph (a).
4.32EFFECTIVE DATE.This section is effective July 1, 2012.

4.33    Sec. 7. Minnesota Statutes 2010, section 256J.42, subdivision 1, is amended to read:
5.1    Subdivision 1. Time limit. (a) Except as otherwise provided for in this section, an
5.2assistance unit in which any adult caregiver has received 60 months of cash assistance
5.3funded in whole or in part by the TANF block grant in this or any other state or
5.4United States territory, or from a tribal TANF program, MFIP, the AFDC program
5.5formerly codified in sections 256.72 to 256.87, or the family general assistance program
5.6formerly codified in sections 256D.01 to 256D.23, funded in whole or in part by state
5.7appropriations, is ineligible to receive MFIP. Any cash assistance funded with TANF
5.8dollars in this or any other state or United States territory, or from a tribal TANF program,
5.9or MFIP assistance funded in whole or in part by state appropriations, that was received
5.10by the unit on or after the date TANF was implemented, including any assistance received
5.11in states or United States territories of prior residence, counts toward the 60-month
5.12limitation. Months during which any cash assistance is received by an assistance unit
5.13with a mandatory member who is disqualified for wrongfully obtaining public assistance
5.14under section 256.98, subdivision 8, counts toward the time limit for the disqualified
5.15member. The 60-month limit applies to a minor caregiver except under subdivision 5. The
5.1660-month time period does not need to be consecutive months for this provision to apply.
5.17    (b) The months before July 1998 in which individuals received assistance as part of
5.18the field trials as an MFIP, MFIP-R, or MFIP or MFIP-R comparison group family are
5.19not included in the 60-month time limit.
5.20(c) Notwithstanding paragraph (a), beginning July 1, 2012, an applicant in which
5.21no adult caregiver has received cash assistance funded in whole or in part by the TANF
5.22block grant in this or any other state or United States territory, or from a tribal TANF
5.23program, MFIP, the AFDC program formerly codified in sections 256.72 to 256.87, or
5.24the family general assistance program formerly codified in sections 256D.01 to 256D.23,
5.25funded in whole or in part by state appropriations, is limited to 36 months of MFIP
5.26assistance. Months during which any cash assistance is received by an assistance unit with
5.27a mandatory member who is disqualified for wrongfully obtaining public assistance under
5.28section 256.98, subdivision 8, counts toward the time limit for the disqualified member.
5.29The 36-month time limit applies to a minor caregiver except under subdivision 5. The
5.3036-month time period does not need to be consecutive months for this provision to apply.
5.31EFFECTIVE DATE.This section is effective July 1, 2012.

5.32    Sec. 8. Minnesota Statutes 2010, section 256J.42, subdivision 4, is amended to read:
5.33    Subd. 4. Victims of family violence. Any cash assistance received by an assistance
5.34unit in a month when a caregiver complied with a safety plan, an alternative employment
6.1plan, or an employment plan under section 256J.521, subdivision 3, does not count toward
6.2the 60-month limitation time limit under section 256J.42, subdivision 1, on assistance.
6.3EFFECTIVE DATE.This section is effective July 1, 2012.

6.4    Sec. 9. Minnesota Statutes 2010, section 256J.42, subdivision 5, is amended to read:
6.5    Subd. 5. Exemption for certain families. (a) Any cash assistance received by an
6.6assistance unit does not count toward the 60-month time limit on assistance during a
6.7month in which the caregiver is age 60 or older.
6.8(b) From July 1, 1997, until the date MFIP is operative in the caregiver's county of
6.9financial responsibility, any cash assistance received by a caregiver who is complying
6.10with Minnesota Statutes 1996, section 256.73, subdivision 5a, and Minnesota Statutes
6.111998, section 256.736, if applicable, does not count toward the 60-month time limit
6.12on assistance. Thereafter, any cash assistance received by a minor caregiver who is
6.13complying with the requirements of sections 256J.14 and 256J.54, if applicable, does not
6.14count towards toward the 60-month time limit under section 256J.42, subdivision 1,
6.15on assistance.
6.16(c) Any diversionary assistance or emergency assistance received prior to July 1,
6.172003, does not count toward the 60-month time limit under section 256J.42, subdivision 1.
6.18(d) Any cash assistance received by an 18- or 19-year-old caregiver who is complying
6.19with an employment plan that includes an education option under section 256J.54 does not
6.20count toward the 60-month time limit under section 256J.42, subdivision 1.
6.21(e) Payments provided to meet short-term emergency needs under section 256J.626
6.22and diversionary work program benefits provided under section 256J.95 do not count
6.23toward the 60-month time limit under section 256J.42, subdivision 1.
6.24EFFECTIVE DATE.This section is effective July 1, 2012.

6.25    Sec. 10. Minnesota Statutes 2010, section 256J.42, subdivision 6, is amended to read:
6.26    Subd. 6. Case review. (a) Within 180 days, but not less than 60 days, before the end
6.27of the participant's 60th last month on assistance, the county agency or job counselor must
6.28review the participant's case to determine if the employment plan is still appropriate and
6.29attempt to meet with the participant face-to-face.
6.30(b) During the face-to-face meeting, a county agency or the job counselor must:
6.31(1) inform the participant how many months of counted assistance the participant
6.32has accrued and when the participant is expected to reach the 60th month;
7.1(2) explain the hardship extension criteria under section 256J.425 and what the
7.2participant should do if the participant thinks a hardship extension applies;
7.3(3) identify other resources that may be available to the participant to meet the
7.4needs of the family; and
7.5(4) inform the participant of the right to appeal the case closure under section
7.6256J.40 .
7.7(c) If a face-to-face meeting is not possible, the county agency must send the
7.8participant a notice of adverse action as provided in section 256J.31, subdivisions 4 and 5.
7.9(d) Before a participant's case is closed under this section, the county must ensure
7.10that:
7.11(1) the case has been reviewed by the job counselor's supervisor or the review team
7.12designated by the county to determine if the criteria for a hardship extension, if requested,
7.13were applied appropriately; and
7.14(2) the county agency or the job counselor attempted to meet with the participant
7.15face-to-face.
7.16EFFECTIVE DATE.This section is effective July 1, 2012.

7.17    Sec. 11. Minnesota Statutes 2010, section 256J.425, subdivision 1, is amended to read:
7.18    Subdivision 1. Eligibility. (a) To be eligible for a hardship extension, a participant
7.19in an assistance unit subject to the time limit under section 256J.42, subdivision 1, must be
7.20in compliance in the participant's 60th last counted month. For purposes of determining
7.21eligibility for a hardship extension, a participant is in compliance in any month that the
7.22participant has not been sanctioned. In order to maintain eligibility for any of the hardship
7.23extension categories a participant shall develop and comply with either an employment
7.24plan or a family stabilization services plan, whichever is appropriate.
7.25    (b) If one participant in a two-parent assistance unit is determined to be ineligible for
7.26a hardship extension, the county shall give the assistance unit the option of disqualifying
7.27the ineligible participant from MFIP. In that case, the assistance unit shall be treated as a
7.28one-parent assistance unit and the assistance unit's MFIP grant shall be calculated using
7.29the shared household standard under section 256J.08, subdivision 82a.
7.30    (c) Prior to denying an extension, the county must review the sanction status and
7.31determine whether the sanction is appropriate or if good cause exists under section
7.32256J.57 . If the sanction was inappropriately applied or the participant is granted a good
7.33cause exception before the end of the last month 60, the participant shall be considered for
7.34an extension.
8.1EFFECTIVE DATE.This section is effective July 1, 2012.

8.2    Sec. 12. Minnesota Statutes 2010, section 256J.425, subdivision 4, is amended to read:
8.3    Subd. 4. Employed participants. (a) An assistance unit subject to the time limit
8.4under section 256J.42, subdivision 1, is eligible to receive assistance under a hardship
8.5extension if the participant who reached the time limit belongs to:
8.6(1) a one-parent assistance unit in which the participant is participating in work
8.7activities for at least 30 hours per week, of which an average of at least 25 hours per week
8.8every month are spent participating in employment;
8.9(2) a two-parent assistance unit in which the participants are participating in work
8.10activities for at least 55 hours per week, of which an average of at least 45 hours per week
8.11every month are spent participating in employment; or
8.12(3) an assistance unit in which a participant is participating in employment for fewer
8.13hours than those specified in clause (1), and the participant submits verification from a
8.14qualified professional, in a form acceptable to the commissioner, stating that the number
8.15of hours the participant may work is limited due to illness or disability, as long as the
8.16participant is participating in employment for at least the number of hours specified by the
8.17qualified professional. The participant must be following the treatment recommendations
8.18of the qualified professional providing the verification. The commissioner shall develop a
8.19form to be completed and signed by the qualified professional, documenting the diagnosis
8.20and any additional information necessary to document the functional limitations of the
8.21participant that limit work hours. If the participant is part of a two-parent assistance unit,
8.22the other parent must be treated as a one-parent assistance unit for purposes of meeting the
8.23work requirements under this subdivision.
8.24(b) For purposes of this section, employment means:
8.25(1) unsubsidized employment under section 256J.49, subdivision 13, clause (1);
8.26(2) subsidized employment under section 256J.49, subdivision 13, clause (2);
8.27(3) on-the-job training under section 256J.49, subdivision 13, clause (2);
8.28(4) an apprenticeship under section 256J.49, subdivision 13, clause (1);
8.29(5) supported work under section 256J.49, subdivision 13, clause (2);
8.30(6) a combination of clauses (1) to (5); or
8.31(7) child care under section 256J.49, subdivision 13, clause (7), if it is in combination
8.32with paid employment.
8.33(c) If a participant is complying with a child protection plan under chapter 260C,
8.34the number of hours required under the child protection plan count toward the number
8.35of hours required under this subdivision.
9.1(d) The county shall provide the opportunity for subsidized employment to
9.2participants needing that type of employment within available appropriations.
9.3(e) To be eligible for a hardship extension for employed participants under this
9.4subdivision, a participant must be in compliance for at least ten out of the 12 months the
9.5participant received MFIP immediately preceding the month after the participant's 61st
9.6last month on assistance. If ten or fewer months of eligibility for TANF assistance remain
9.7at the time the participant from another state applies for assistance, the participant must
9.8be in compliance every month.
9.9(f) The employment plan developed under section 256J.521, subdivision 2, for
9.10participants under this subdivision must contain at least the minimum number of hours
9.11specified in paragraph (a) for the purpose of meeting the requirements for an extension
9.12under this subdivision. The job counselor and the participant must sign the employment
9.13plan to indicate agreement between the job counselor and the participant on the contents
9.14of the plan.
9.15(g) Participants who fail to meet the requirements in paragraph (a), without good
9.16cause under section 256J.57, shall be sanctioned or permanently disqualified under
9.17subdivision 6. Good cause may only be granted for that portion of the month for which
9.18the good cause reason applies. Participants must meet all remaining requirements in the
9.19approved employment plan or be subject to sanction or permanent disqualification.
9.20(h) If the noncompliance with an employment plan is due to the involuntary loss of
9.21employment, the participant is exempt from the hourly employment requirement under
9.22this subdivision for one month. Participants must meet all remaining requirements in the
9.23approved employment plan or be subject to sanction or permanent disqualification. This
9.24exemption is available to each participant two times in a 12-month period.
9.25EFFECTIVE DATE.This section is effective July 1, 2012.

9.26    Sec. 13. Minnesota Statutes 2010, section 256J.425, subdivision 4a, is amended to read:
9.27    Subd. 4a. Hardship extension pending documentation. If the documentation
9.28needed to determine if a participant is eligible for a hardship extension under subdivision 2
9.29or 3 is not available by the 60th participant's last month under section 256J.42, subdivision
9.301, the county agency may extend the participant pending receipt of the documentation if
9.31the county believes the participant is likely to qualify for a hardship extension and the
9.32participant is cooperating with efforts to obtain the documentation. If the participant
9.33is found to be not eligible for an extension, the participant may be responsible for an
9.34overpayment.
10.1EFFECTIVE DATE.This section is effective July 1, 2012.

10.2    Sec. 14. Minnesota Statutes 2010, section 256J.425, subdivision 5, is amended to read:
10.3    Subd. 5. Accrual of certain exempt months. (a) Participants who are not eligible
10.4for assistance under a hardship extension under this section shall be eligible for a hardship
10.5extension for a period of time equal to the number of months that were counted toward
10.6the 60-month time limit under section 256J.42, subdivision 1, while the participant was a
10.7caregiver with a child or an adult in the household who meets the disability or medical
10.8criteria for home care services under section 256B.0651, subdivision 1, paragraph (c), or a
10.9home and community-based waiver services program under chapter 256B, or meets the
10.10criteria for severe emotional disturbance under section 245.4871, subdivision 6, or for
10.11serious and persistent mental illness under section 245.462, subdivision 20, paragraph (c),
10.12and who was subject to the requirements in section 256J.561, subdivision 2.
10.13(b) A participant who received MFIP assistance that counted toward the 60-month
10.14time limit while the participant met the state time limit exemption criteria under section
10.15256J.42, subdivision 4 or 5, is eligible for assistance under a hardship extension for a
10.16period of time equal to the number of months that were counted toward the 60-month
10.17time limit while the participant met the state time limit exemption criteria under section
10.18256J.42, subdivision 4 or 5.
10.19(c) After the accrued months have been exhausted, the county agency must
10.20determine if the assistance unit is eligible for an extension under another extension
10.21category in subdivision 2, 3, or 4.
10.22(d) At the time of the case review, a county agency must explain to the participant
10.23the basis for receiving a hardship extension based on the accrual of exempt months.
10.24The participant must provide documentation necessary to enable the county agency to
10.25determine whether the participant is eligible to receive a hardship extension based on the
10.26accrual of exempt months or authorize a county agency to verify the information.
10.27(e) While receiving extended MFIP assistance under this subdivision, a participant
10.28is subject to the MFIP policies that apply to participants during the first 60 unextended
10.29months of MFIP, unless the participant is a member of a two-parent family in which one
10.30parent is extended under subdivision 3 or 4. For two-parent families in which one parent
10.31is extended under subdivision 3 or 4, the sanction provisions in subdivision 6 shall apply.
10.32EFFECTIVE DATE.This section is effective July 1, 2012.

10.33    Sec. 15. Minnesota Statutes 2010, section 256J.425, subdivision 6, is amended to read:
11.1    Subd. 6. Sanctions for extended cases. (a) If one or both participants in an
11.2assistance unit receiving assistance under subdivision 3 or 4 are not in compliance with
11.3the employment and training service requirements in sections 256J.521 to 256J.57,
11.4the sanctions under this subdivision apply. For a first occurrence of noncompliance,
11.5an assistance unit must be sanctioned under section 256J.46, subdivision 1, paragraph
11.6(c), clause (1). For a second or third occurrence of noncompliance, the assistance unit
11.7must be sanctioned under section 256J.46, subdivision 1, paragraph (c), clause (2). For a
11.8fourth occurrence of noncompliance, the assistance unit is disqualified from MFIP. If a
11.9participant is determined to be out of compliance, the participant may claim a good cause
11.10exception under section 256J.57.
11.11(b) If both participants in a two-parent assistance unit are out of compliance at the
11.12same time, it is considered one occurrence of noncompliance.
11.13(c) When a parent in an extended two-parent assistance unit who has not used 60
11.1436 months of assistance is out of compliance with the employment and training service
11.15requirements in sections 256J.521 to 256J.57, sanctions must be applied as specified in
11.16clauses (1) and (2).
11.17(1) If the assistance unit is receiving assistance under subdivision 3 or 4, the
11.18assistance unit is subject to the sanction policy in this subdivision.
11.19(2) If the assistance unit is receiving assistance under subdivision 2, the assistance
11.20unit is subject to the sanction policy in section 256J.46.
11.21(d) If a two-parent assistance unit is extended under subdivision 3 or 4, and a parent
11.22who has not reached the 60-month time limit under section 256J.42, subdivision 1, is
11.23out of compliance with the employment and training services requirements in sections
11.24256J.521 to 256J.57 when the case is extended, the sanction in the 61st month after the
11.25last month of the time limit under section 256J.42, subdivision 1, is considered the first
11.26sanction for the purposes of applying the sanctions in this subdivision, except that the
11.27sanction amount shall be 30 percent.
11.28EFFECTIVE DATE.This section is effective July 1, 2012.

11.29    Sec. 16. Minnesota Statutes 2010, section 256J.45, subdivision 2, is amended to read:
11.30    Subd. 2. General information. The MFIP orientation must consist of a presentation
11.31that informs caregivers of:
11.32(1) the necessity to obtain immediate employment;
11.33(2) the work incentives under MFIP, including the availability of the federal earned
11.34income tax credit and the Minnesota working family tax credit;
12.1(3) the requirement to comply with the employment plan and other requirements
12.2of the employment and training services component of MFIP, including a description
12.3of the range of work and training activities that are allowable under MFIP to meet the
12.4individual needs of participants;
12.5(4) the consequences for failing to comply with the employment plan and other
12.6program requirements, and that the county agency may not impose a sanction when failure
12.7to comply is due to the unavailability of child care or other circumstances where the
12.8participant has good cause under subdivision 3;
12.9(5) the rights, responsibilities, and obligations of participants;
12.10(6) the types and locations of child care services available through the county agency;
12.11(7) the availability and the benefits of the early childhood health and developmental
12.12screening under sections 121A.16 to 121A.19; 123B.02, subdivision 16; and 123B.10;
12.13(8) the caregiver's eligibility for transition year child care assistance under section
12.14119B.05 ;
12.15(9) the availability of all health care programs, including transitional medical
12.16assistance;
12.17(10) the caregiver's option to choose an employment and training provider and
12.18information about each provider, including but not limited to, services offered, program
12.19components, job placement rates, job placement wages, and job retention rates;
12.20(11) the caregiver's option to request approval of an education and training plan
12.21according to section 256J.53;
12.22(12) the work study programs available under the higher education system; and
12.23(13) information about the 60-month time limit exemptions under the family violence
12.24waiver and referral information about shelters and programs for victims of family violence.
12.25EFFECTIVE DATE.This section is effective July 1, 2012.

12.26    Sec. 17. Minnesota Statutes 2010, section 256J.46, subdivision 1, is amended to read:
12.27    Subdivision 1. Participants not complying with program requirements. (a)
12.28A participant who fails without good cause under section 256J.57 to comply with the
12.29requirements of this chapter, and who is not subject to a sanction under subdivision 2,
12.30shall be subject to a sanction as provided in this subdivision. Prior to the imposition of
12.31a sanction, a county agency shall provide a notice of intent to sanction under section
12.32256J.57, subdivision 2 , and, when applicable, a notice of adverse action as provided
12.33in section 256J.31.
12.34(b) A sanction under this subdivision becomes effective the month following the
12.35month in which a required notice is given. A sanction must not be imposed when a
13.1participant comes into compliance with the requirements for orientation under section
13.2256J.45 prior to the effective date of the sanction. A sanction must not be imposed
13.3when a participant comes into compliance with the requirements for employment and
13.4training services under sections 256J.515 to 256J.57 ten days prior to the effective date
13.5of the sanction. For purposes of this subdivision, each month that a participant fails to
13.6comply with a requirement of this chapter shall be considered a separate occurrence of
13.7noncompliance. If both participants in a two-parent assistance unit are out of compliance
13.8at the same time, it is considered one occurrence of noncompliance.
13.9(c) Sanctions for noncompliance shall be imposed as follows:
13.10(1) For the first occurrence of noncompliance by a participant in an assistance unit,
13.11the assistance unit's grant shall be reduced by ten percent of the MFIP standard of need
13.12for an assistance unit of the same size with the residual grant paid to the participant. The
13.13reduction in the grant amount must be in effect for a minimum of one month and shall be
13.14removed in the month following the month that the participant returns to compliance.
13.15(2) For a second, third, fourth, fifth, or sixth occurrence of noncompliance by a
13.16participant in an assistance unit, the assistance unit's shelter costs shall be vendor paid
13.17up to the amount of the cash portion of the MFIP grant for which the assistance unit is
13.18eligible. At county option, the assistance unit's utilities may also be vendor paid up to
13.19the amount of the cash portion of the MFIP grant remaining after vendor payment of the
13.20assistance unit's shelter costs. The residual amount of the grant after vendor payment, if
13.21any, must be reduced by an amount equal to 30 percent of the MFIP standard of need for an
13.22assistance unit of the same size before the residual grant is paid to the assistance unit. The
13.23reduction in the grant amount must be in effect for a minimum of one month and shall be
13.24removed in the month following the month that the participant in a one-parent assistance
13.25unit returns to compliance. In a two-parent assistance unit, the grant reduction must
13.26be in effect for a minimum of one month and shall be removed in the month following
13.27the month both participants return to compliance. The vendor payment of shelter costs
13.28and, if applicable, utilities shall be removed six months after the month in which the
13.29participant or participants return to compliance. If an assistance unit is sanctioned under
13.30this clause, the participant's case file must be reviewed to determine if the employment
13.31plan is still appropriate.
13.32(d) For a seventh third occurrence of noncompliance by a participant in an assistance
13.33unit, or when the participants in a two-parent assistance unit have a total of seven three
13.34occurrences of noncompliance, the county agency shall close the MFIP assistance unit's
13.35financial assistance case, both the cash and food portions, and redetermine the family's
13.36continued eligibility for food support payments. The MFIP case must remain closed for a
14.1minimum of one full month. Before the case is closed, the county agency must review
14.2the participant's case to determine if the employment plan is still appropriate and attempt
14.3to meet with the participant face-to-face. The participant may bring an advocate to the
14.4face-to-face meeting. If a face-to-face meeting is not conducted, the county agency must
14.5send the participant a written notice that includes the information required under clause (1).
14.6(1) During the face-to-face meeting, the county agency must:
14.7(i) determine whether the continued noncompliance can be explained and mitigated
14.8by providing a needed preemployment activity, as defined in section 256J.49, subdivision
14.913
, clause (9);
14.10(ii) determine whether the participant qualifies for a good cause exception under
14.11section 256J.57, or if the sanction is for noncooperation with child support requirements,
14.12determine if the participant qualifies for a good cause exemption under section 256.741,
14.13subdivision 10
;
14.14(iii) determine whether the work activities in the employment plan are appropriate
14.15based on the criteria in section 256J.521, subdivision 2 or 3;
14.16(iv) determine whether the participant qualifies for the family violence waiver;
14.17(v) inform the participant of the participant's sanction status and explain the
14.18consequences of continuing noncompliance;
14.19(vi) identify other resources that may be available to the participant to meet the
14.20needs of the family; and
14.21(vii) inform the participant of the right to appeal under section 256J.40.
14.22(2) If the lack of an identified activity or service can explain the noncompliance, the
14.23county must work with the participant to provide the identified activity.
14.24(3) The grant must be restored to the full amount for which the assistance unit is
14.25eligible retroactively to the first day of the month in which the participant was found to
14.26lack preemployment activities or to qualify for a family violence waiver or for a good
14.27cause exemption under section 256.741, subdivision 10, or 256J.57.
14.28(e) For the purpose of applying sanctions under this section, only occurrences of
14.29noncompliance that occur after July 1, 2003 2012, shall be considered. If the participant
14.30is in 30 percent sanction in the month this section takes effect, that month counts as the
14.31first occurrence for purposes of applying the sanctions under this section, but the sanction
14.32shall remain at 30 percent for that month.
14.33(f) An assistance unit whose case is closed under paragraph (d) or (g), may
14.34reapply for MFIP and shall be eligible if the participant complies with MFIP program
14.35requirements and demonstrates compliance for up to one month. No assistance shall be
14.36paid during this period.
15.1(g) An assistance unit whose case has been closed for noncompliance, that reapplies
15.2under paragraph (f), is subject to sanction under paragraph (c), clause (2), for a first
15.3occurrence of noncompliance. Any subsequent occurrence of noncompliance shall result
15.4in case closure under paragraph (d).

15.5    Sec. 18. Minnesota Statutes 2010, section 256J.50, subdivision 6, is amended to read:
15.6    Subd. 6. Explanatory materials required. The county must:
15.7(1) explain to applicants and recipients and provide explanatory materials regarding
15.8the relationship between the 60-month time limit under section 256J.42, subdivision 1, on
15.9assistance funded with TANF dollars and the receipt of various benefits, including cash
15.10assistance, food stamps or food support, medical assistance, and child care assistance; and
15.11(2) provide assistance to applicants and recipients to enable them to minimize the
15.12use of their 60 allowable months of TANF-funded assistance.
15.13EFFECTIVE DATE.This section is effective July 1, 2012.

15.14    Sec. 19. Minnesota Statutes 2010, section 256J.50, subdivision 10, is amended to read:
15.15    Subd. 10. Required notification to victims of family violence. (a) County
15.16agencies and their contractors must provide universal notification to all applicants and
15.17recipients of MFIP that:
15.18(1) referrals to counseling and supportive services are available for victims of family
15.19violence;
15.20(2) nonpermanent resident battered individuals married to United States citizens or
15.21permanent residents may be eligible to petition for permanent residency under the federal
15.22Violence Against Women Act, and that referrals to appropriate legal services are available;
15.23(3) victims of family violence are exempt from the 60-month limit under section
15.24256J.42, subdivision 1, on assistance if they are complying with an employment plan
15.25under section 256J.521, subdivision 3; and
15.26(4) victims of family violence may choose to have regular work requirements waived
15.27while the individual is complying with an employment plan under section 256J.521,
15.28subdivision 3
.
15.29(b) If an employment plan under section 256J.521, subdivision 3, is denied, the
15.30county or a job counselor must provide reasons why the plan is not approved and document
15.31how the denial of the plan does not interfere with the safety of the participant or children.
15.32Notification must be in writing and orally at the time of application and
15.33recertification, when the individual is referred to the title IV-D child support agency, and
15.34at the beginning of any job training or work placement assistance program.
16.1EFFECTIVE DATE.This section is effective July 1, 2012.

16.2    Sec. 20. Minnesota Statutes 2010, section 256J.575, subdivision 3, is amended to read:
16.3    Subd. 3. Eligibility. (a) The following MFIP participants are eligible for the
16.4services under this section:
16.5    (1) a participant who meets the requirements for or has been granted a hardship
16.6extension under section 256J.425, subdivision 2 or 3, except that it is not necessary for the
16.7participant to have reached or be approaching 60 months of eligibility the time limit under
16.8section 256J.42, subdivision 1, for this section to apply;
16.9    (2) a participant who is applying for Supplemental Security Income or Social
16.10Security disability insurance;
16.11    (3) a participant who is a noncitizen who has been in the United States for 12 or
16.12fewer months; and
16.13(4) a participant who is age 60 or older.
16.14    (b) Families must meet all other eligibility requirements for MFIP established in
16.15this chapter. Families are eligible for financial assistance to the same extent as if they
16.16were participating in MFIP.
16.17    (c) A participant under paragraph (a), clause (3), must be provided with English as a
16.18second language opportunities and skills training for up to 12 months. After 12 months,
16.19the case manager and participant must determine whether the participant should continue
16.20with English as a second language classes or skills training, or both, and continue to
16.21receive family stabilization services.
16.22(d) If a county agency or employment services provider has information that an
16.23MFIP participant may meet the eligibility criteria set forth in this subdivision, the county
16.24agency or employment services provider must assist the participant in obtaining the
16.25documentation necessary to determine eligibility.
16.26EFFECTIVE DATE.This section is effective July 1, 2012.

16.27    Sec. 21. Minnesota Statutes 2010, section 256J.621, is amended to read:
16.28256J.621 WORK PARTICIPATION CASH BENEFITS.
16.29    (a) Effective October 1, 2009, upon exiting the diversionary work program (DWP)
16.30or upon terminating the Minnesota family investment program with earnings, a participant
16.31who is employed may be eligible for work participation cash benefits of $25 per month
16.32to assist in meeting the family's basic needs as the participant continues to move toward
16.33self-sufficiency.
17.1    (b) To be eligible for work participation cash benefits, the participant shall not
17.2receive MFIP or diversionary work program assistance during the month and the
17.3participant or participants must meet the following work requirements:
17.4    (1) if the participant is a single caregiver and has a child under six years of age, the
17.5participant must be employed at least 87 hours per month;
17.6    (2) if the participant is a single caregiver and does not have a child under six years of
17.7age, the participant must be employed at least 130 hours per month; or
17.8    (3) if the household is a two-parent family, at least one of the parents must be
17.9employed an average of at least 130 hours per month.
17.10    Whenever a participant exits the diversionary work program or is terminated from
17.11MFIP and meets the other criteria in this section, work participation cash benefits are
17.12available for up to 24 consecutive months.
17.13    (c) Expenditures on the program are maintenance of effort state funds under
17.14a separate state program for participants under paragraph (b), clauses (1) and (2).
17.15Expenditures for participants under paragraph (b), clause (3), are nonmaintenance of
17.16effort funds. Months in which a participant receives work participation cash benefits
17.17under this section do not count toward the participant's MFIP 60-month time limit under
17.18section 256J.42, subdivision 1.
17.19EFFECTIVE DATE.This section is effective July 1, 2012.

17.20    Sec. 22. Minnesota Statutes 2010, section 256J.626, subdivision 2, is amended to read:
17.21    Subd. 2. Allowable expenditures. (a) The commissioner must restrict expenditures
17.22under the consolidated fund to benefits and services allowed under title IV-A of the federal
17.23Social Security Act. Allowable expenditures under the consolidated fund may include, but
17.24are not limited to:
17.25    (1) short-term, nonrecurring shelter and utility needs that are excluded from the
17.26definition of assistance under Code of Federal Regulations, title 45, section 260.31, for
17.27families who meet the residency requirement in section 256J.12, subdivisions 1 and 1a.
17.28Payments under this subdivision are not considered TANF cash assistance and are not
17.29counted towards toward the 60-month time limit under section 256J.42, subdivision 1;
17.30    (2) transportation needed to obtain or retain employment or to participate in other
17.31approved work activities or activities under a family stabilization plan;
17.32    (3) direct and administrative costs of staff to deliver employment services for
17.33MFIP, the diversionary work program, or family stabilization services; to administer
17.34financial assistance; and to provide specialized services intended to assist hard-to-employ
17.35participants to transition to work or transition from family stabilization services to MFIP;
18.1    (4) costs of education and training including functional work literacy and English as
18.2a second language;
18.3    (5) cost of work supports including tools, clothing, boots, telephone service, and
18.4other work-related expenses;
18.5    (6) county administrative expenses as defined in Code of Federal Regulations, title
18.645, section 260(b);
18.7    (7) services to parenting and pregnant teens;
18.8    (8) supported work;
18.9    (9) wage subsidies;
18.10    (10) child care needed for MFIP, the diversionary work program, or family
18.11stabilization services participants to participate in social services;
18.12    (11) child care to ensure that families leaving MFIP or diversionary work program
18.13will continue to receive child care assistance from the time the family no longer qualifies
18.14for transition year child care until an opening occurs under the basic sliding fee child
18.15care program;
18.16    (12) services to help noncustodial parents who live in Minnesota and have minor
18.17children receiving MFIP or DWP assistance, but do not live in the same household as the
18.18child, obtain or retain employment; and
18.19    (13) services to help families participating in family stabilization services achieve
18.20the greatest possible degree of self-sufficiency.
18.21    (b) Administrative costs that are not matched with county funds as provided in
18.22subdivision 8 may not exceed 7.5 percent of a county's or 15 percent of a tribe's allocation
18.23under this section. The commissioner shall define administrative costs for purposes of
18.24this subdivision.
18.25    (c) The commissioner may waive the cap on administrative costs for a county or tribe
18.26that elects to provide an approved supported employment, unpaid work, or community
18.27work experience program for a major segment of the county's or tribe's MFIP population.
18.28The county or tribe must apply for the waiver on forms provided by the commissioner. In
18.29no case shall total administrative costs exceed the TANF limits.
18.30EFFECTIVE DATE.This section is effective July 1, 2012.

18.31    Sec. 23. Minnesota Statutes 2010, section 256J.751, subdivision 1, is amended to read:
18.32    Subdivision 1. Monthly county caseload report. The commissioner shall report
18.33monthly to each county the following caseload information:
18.34(1) total number of cases receiving MFIP, and subtotals of cases with one eligible
18.35parent, two eligible parents, and an eligible caregiver who is not a parent;
19.1(2) total number of child only assistance cases;
19.2(3) total number of eligible adults and children receiving an MFIP grant, and
19.3subtotals for cases with one eligible parent, two eligible parents, an eligible caregiver
19.4who is not a parent, and child only cases;
19.5(4) number of cases with an exemption from the 60-month time limit under section
19.6256J.42, subdivision 1, based on a family violence waiver;
19.7(5) number of MFIP cases with work hours, and subtotals for cases with one eligible
19.8parent, two eligible parents, and an eligible caregiver who is not a parent;
19.9(6) number of employed MFIP cases, and subtotals for cases with one eligible
19.10parent, two eligible parents, and an eligible caregiver who is not a parent;
19.11(7) average monthly gross earnings, and averages for subgroups of cases with one
19.12eligible parent, two eligible parents, and an eligible caregiver who is not a parent;
19.13(8) number of employed cases receiving only the food portion of assistance;
19.14(9) number of parents or caregivers exempt from work activity requirements, with
19.15subtotals for each exemption type; and
19.16(10) number of cases with a sanction, with subtotals by level of sanction for cases
19.17with one eligible parent, two eligible parents, and an eligible caregiver who is not a parent.
19.18EFFECTIVE DATE.This section is effective July 1, 2012.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569