2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to human services; providing for MNJOBS 1.3 program; making changes to MFIP and income assistance 1.4 programs; changing assistance programs; changing 1.5 health plan regulations; requiring coverage for 1.6 treatment of Lyme disease; appropriating money; 1.7 amending Minnesota Statutes 1994, sections 53A.09; 1.8 62A.047; 256.031, by adding a subdivision; 256.033, by 1.9 adding a subdivision; 256.034, by adding a 1.10 subdivision; 256.035, subdivisions 1 and 6a; 256.73, 1.11 subdivision 1, and by adding subdivisions; 256.736, 1.12 subdivisions 1a, 3b, 4, and 12; 256D.06, by adding a 1.13 subdivision; 256D.10; 256D.49, subdivision 3; 256E.08, 1.14 subdivision 8; and 336.3-206; Minnesota Statutes 1995 1.15 Supplement, sections 256.0475, by adding a 1.16 subdivision; 256.048, subdivisions 1, 4, 6, and 13; 1.17 256.73, subdivision 8; 256.736, subdivisions 10, 10a, 1.18 14, and 16; 256.737, subdivision 7; 256.76, 1.19 subdivision 1; 256.81; 256D.02, subdivision 12a; 1.20 256D.03, subdivisions 2, 2a, and 3; 256D.05, 1.21 subdivision 1; 256D.051, subdivisions 1 and 6; 1.22 256D.055; and 256D.09, subdivision 1; proposing coding 1.23 for new law in Minnesota Statutes, chapters 62A and 1.24 256; repealing Minnesota Statutes 1994, section 1.25 256.736, subdivisions 10b and 11; Minnesota Statutes 1.26 1995 Supplement, section 256.736, subdivision 13. 1.27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.28 ARTICLE 1 1.29 MNJOBS PROGRAM 1.30 Section 1. [256.7381] [MNJOBS PROGRAM.] 1.31 Subdivision 1. [CITATION.] Sections 256.7381 to 256.7387 1.32 may be cited as the MNJOBS program. 1.33 Subd. 2. [DEFINITIONS.] As used in sections 256.7381 to 1.34 256.7387, the following words have the meanings given them. 1.35 (a) "Recipient" means an individual who is receiving AFDC. 1.36 (b) "Caretaker" means a parent or eligible adult, including 2.1 a pregnant woman, who is part of the assistance unit that has 2.2 applied for or is receiving AFDC or a grant. 2.3 (c) "Child support" means a voluntary or court-ordered 2.4 payment by a noncustodial parent. 2.5 (d) "Commissioner" means the commissioner of human services. 2.6 (e) "Employability development plan" or "EDP" means a plan 2.7 developed by the recipient, with advice from the employment 2.8 advisor, for the purposes of identifying an employment goal, 2.9 improving work skills through certification or education, 2.10 training or skills recertification, and which addresses barriers 2.11 to employment. 2.12 (f) "Employment advisor" means a provider staff person who 2.13 is qualified to assist the participant to develop a job search 2.14 or employability development plan, match the participant with 2.15 existing job openings, refer the participant to employers, and 2.16 has an extensive knowledge of employers in the area. 2.17 (g) "Financial specialist" means a program staff who is 2.18 trained to explain the benefits offered under the program, 2.19 determine eligibility for different assistance programs, and 2.20 broker other resources. 2.21 (h) "Participant" means a recipient who is required to 2.22 participate in the MNJOBS program. 2.23 (i) "Program" means the MNJOBS program. 2.24 (j) "Provider" means an employment and training agency 2.25 certified by the commissioner of economic security under section 2.26 268.871, subdivision 1. 2.27 (k) "Suitable employment" means employment which meets 2.28 conditions set forth in section 256.736, subdivision 1, clause 2.29 (h). 2.30 Subd. 3. [ESTABLISHING THE MNJOBS PROGRAM.] At the request 2.31 of a county or counties, the commissioners of human services and 2.32 economic security shall develop and establish the MNJOBS 2.33 program, which requires recipients of AFDC to meet the 2.34 requirements of the program. The purpose of the program is to: 2.35 (1) ensure that the participant is working as soon as 2.36 possible; 3.1 (2) promote a greater opportunity for economic 3.2 self-support, participation, and mobility in the work force; and 3.3 (3) minimize the risk for long-term welfare dependency. 3.4 Subd. 4. [COUNTY DESIGN; MNJOBS PROGRAM.] The commissioner 3.5 shall issue a notice to counties to submit a plan for developing 3.6 and implementing a MNJOBS program. The plan must be consistent 3.7 with provisions of the program. 3.8 The commissioner shall not approve a county plan that would 3.9 have an adverse impact on the Minnesota family investment 3.10 program (MFIP) or the MFIP evaluation. However, this does not 3.11 preclude MFIP counties from operating a MNJOBS program. If the 3.12 plan meets the requirements of the program, the commissioner 3.13 shall approve the county plan and the county may implement the 3.14 plan. No county may implement a MNJOBS program without an 3.15 approved modification to its local service unit plan in 3.16 accordance with section 268.88. 3.17 Subd. 5. [PROGRAM ADMINISTRATION.] The program must be 3.18 administered in a way that, in addition to the county agency, 3.19 other sectors in the community, such as employers from the 3.20 public and private sectors, not-for-profit organizations, 3.21 educational and social service agencies, labor unions, and 3.22 community-based organizations, are involved. 3.23 Subd. 6. [PROGRAM DESIGN.] The purpose of the program is 3.24 to enable immediate labor force participation and assist 3.25 families in achieving self-sufficiency. The program plan must 3.26 meet the following principles: 3.27 (1) work is the primary means of economic support; 3.28 (2) the individual's employment potential is reviewed 3.29 during the development of the EDP; 3.30 (3) public aid such as cash and medical assistance, child 3.31 care, child support, and other cash benefits are used to support 3.32 intensive job search and immediate work; and 3.33 (4) maximum use is made of tax credits to supplement income. 3.34 Subd. 7. [WAIVER REQUESTS.] The commissioner shall request 3.35 all waivers of federal law and regulation as soon as possible to 3.36 implement the program. Upon obtaining all necessary federal 4.1 waivers, the commissioner shall amend the state plans for the 4.2 AFDC and the jobs opportunities and basic skills program (JOBS), 4.3 and supportive services plan to coordinate these programs under 4.4 the MNJOBS program for the approved counties, and shall seek 4.5 approval of state plan amendments. 4.6 Subd. 8. [DUTIES OF COMMISSIONER.] In addition to any 4.7 other duties imposed by law, the commissioner shall: 4.8 (1) request all waivers to implement the program; 4.9 (2) establish the MNJOBS program; 4.10 (3) provide systems development and staff training; 4.11 (4) accept and supervise the disbursement of any funds that 4.12 may be provided from other sources for use in the program; 4.13 (5) approve county MNJOBS plans; and 4.14 (6) allocate program funds. 4.15 Subd. 9. [DUTIES OF COUNTY AGENCY.] The county agency 4.16 shall: 4.17 (1) collaborate with the commissioners of human services, 4.18 economic security, and other agencies to develop, implement, and 4.19 evaluate the demonstration of the program; 4.20 (2) operate the program in partnership with private and 4.21 public employers, workforce councils, labor unions, and 4.22 employment, educational, and social service agencies, and 4.23 according to subdivision 5; and 4.24 (3) ensure that program components such as client 4.25 orientation, immediate job search, job development, creation of 4.26 community work experience jobs, job placements, and 4.27 postplacement follow-up are implemented according to the MNJOBS 4.28 program. 4.29 Subd. 10. [DUTIES OF PARTICIPANT.] To be eligible for 4.30 AFDC, a participant shall cooperate with the county agency, the 4.31 provider, and the participant's employer in all aspects of the 4.32 program. 4.33 Sec. 2. [256.7382] [PROGRAM PARTICIPANTS; PROGRAM 4.34 EXPECTATIONS.] 4.35 (a) All recipients selected for participation are expected 4.36 to meet the requirements of the program. In determining who may 5.1 participate in the program, priority must be given to 5.2 individuals who are on the county's project STRIDE waiting list, 5.3 and also individuals who have applied for AFDC, and are 5.4 subsequently determined to be eligible for STRIDE. An 5.5 individual who is enrolled in STRIDE, and is making satisfactory 5.6 progress towards completing the goals in the individual's 5.7 approved EDP, may continue with the existing EDP, and is not 5.8 required to participate in the MNJOBS program, but may volunteer 5.9 to participate in the program. 5.10 (b) Caretakers who are exempt from the program may 5.11 volunteer to participate in the program. The caretaker will be 5.12 treated as a mandatory participant once an EDP is signed. 5.13 (c) Except as provided in paragraph (a), the program shall 5.14 supersede the STRIDE program in counties that operate a MNJOBS 5.15 program, except in MFIP counties, where STRIDE will be continued 5.16 for families assigned to certain research groups. 5.17 Sec. 3. [256.7383] [PROGRAM REQUIREMENTS.] 5.18 Subdivision 1. [NOTIFICATION OF PROGRAM.] At the time of 5.19 the face-to-face interview, the applicant or recipient being 5.20 recertified must be given a written referral to the orientation 5.21 and an appointment date for the EDP. Orientation must be 5.22 completed within ten days of the face-to-face interview. The 5.23 applicant or recipient must also be given the following 5.24 information: 5.25 (1) notification that, as part of continued receipt of 5.26 AFDC, the recipient is required to attend orientation, to be 5.27 followed immediately by an assessment and intensive job search; 5.28 (2) the program provider, the date, time, and location of 5.29 the scheduled program orientation; 5.30 (3) the procedures for qualifying for and receiving 5.31 benefits under the program; 5.32 (4) the immediate availability of supportive services, 5.33 including, but not limited to, child care, transportation, 5.34 medical assistance, and other work-related aid; 5.35 (5) the rights, responsibilities, and obligations of 5.36 participants in the program, including, but not limited to, the 6.1 grounds for exemptions and deferrals, the consequences for 6.2 refusing or failing to participate fully, and the appeal 6.3 process; and 6.4 (6) a determination of whether the applicant or recipient 6.5 is exempt from job search activity. 6.6 Subd. 2. [PROGRAM ORIENTATION.] The county agency or the 6.7 provider must give a face-to-face orientation regarding the 6.8 program within ten days after the date of face-to-face 6.9 interview. The orientation must be designed to inform the 6.10 recipient of: 6.11 (1) the importance of locating and obtaining a job as soon 6.12 as possible; 6.13 (2) benefits to be provided to support work; 6.14 (3) how other supportive services such as medical 6.15 assistance, child care, transportation, and other work-related 6.16 aid shall be available to support job search and work; 6.17 (4) the consequences for failure without good cause to 6.18 comply with program requirements; and 6.19 (5) the appeal process. 6.20 Subd. 3. [ASSESSMENT AND EMPLOYMENT DEVELOPMENT PLAN.] At 6.21 the end of orientation, the provider must assign an employment 6.22 advisor and a financial specialist to the recipient. Working 6.23 with the recipient, the employment advisor must assess the 6.24 recipient and develop an EDP based on the recipient's existing 6.25 educational level, available program resources, existing job 6.26 markets, prior employment, work experience, and transferable 6.27 work skills, unless exempt under subdivision 7. The EDP must 6.28 require caretakers to participate in initial job search 6.29 activities for up to four consecutive weeks for at least 30 6.30 hours per week and accept suitable employment if offered during 6.31 participation in the program unless exempt under subdivision 7, 6.32 or subject to the provisions of subdivision 8, or deferred under 6.33 subdivision 9. The job search activities must commence within 6.34 30 days of the face-to-face interview. 6.35 Subd. 4. [JOB SEARCH ACTIVITIES.] The following job search 6.36 activities may be included in the job search plan: 7.1 (a) Job clubs, which shall consist of both of the following: 7.2 (1) job search workshops, which shall be group training 7.3 sessions where participants learn various job finding skills, 7.4 including training in basic job seeking skills, job development 7.5 skills, job interviewing skills, understanding employer 7.6 requirements and expectations, and how to enhance self-esteem, 7.7 self-image, and confidence; and 7.8 (2) supervised job search, which shall include, but not be 7.9 limited to, access to phone banks in a clean and well-lighted 7.10 place, job orders, direct referrals to employers, or other 7.11 organized methods of seeking work which are overseen, reviewed, 7.12 and critiqued by a trained employment professional. The amount 7.13 and type of activity required during this supervised job search 7.14 period shall be determined by the employment and training 7.15 service provider and the participant, based on the participant's 7.16 employment history and need for support services as defined in 7.17 section 256.736, subdivision 1a, paragraph (i), and shall be 7.18 consistent with regulations developed by the employment and 7.19 service training provider. 7.20 (b) Unsupervised job search, where the individual shall 7.21 seek work in the individual's own way, and make periodic 7.22 progress reports no less frequently than every two weeks to the 7.23 employment and training service provider. 7.24 (c) Job placement, which shall include, but not be limited 7.25 to, referrals to jobs listed by employers. 7.26 (d) Job development, which shall be active assistance in 7.27 seeking employment provided to a participant by a training 7.28 employment professional on a one-to-one basis. 7.29 (e) Employment counseling, which shall be counseling aimed 7.30 at helping a person reach an informed decision on an appropriate 7.31 employment goal. 7.32 Subd. 5. [ACTIVITIES FOLLOWING INTENSE JOB SEARCH 7.33 ACTIVITIES.] (a) On completion of initial job search activities, 7.34 or determination that those services are not required, the 7.35 participant shall continue in additional job search activities 7.36 or be assigned to one or more of the following activities as 8.1 needed to attain the participant's employment goal: 8.2 (1) job training, which shall include, but is not limited 8.3 to, training employer-specific jobs skills in a classroom or 8.4 on-site setting, including training provided by local private 8.5 industry council programs; 8.6 (2)(i) community work experience, which shall include work 8.7 for a public or nonprofit agency that helps to provide basic job 8.8 skills; enhance existing job skills in a position related to a 8.9 participant's experience, training, or education; or provide a 8.10 needed community service. Community work experience must be 8.11 operated in accordance with section 256.737; and 8.12 (ii) the continuation of the participant seeking employment 8.13 during the community work experience assignment. The 8.14 participant may request job search services; 8.15 (3) adult basic education, which shall include reading, 8.16 writing, arithmetic, high school proficiency or general 8.17 education development certificate instruction, and 8.18 English-as-a-second-language (ESL), including vocational ESL, to 8.19 the extent necessary to attain the participant's employment 8.20 goal. Vocational ESL shall be intensive instruction in English 8.21 for non-English-speaking participants, coordinated with specific 8.22 job training; or 8.23 (4) college and community college education, when that 8.24 education provides employment skills training that can 8.25 reasonably be expected to lead to employment and be limited to 8.26 two years. 8.27 (b) The assignment to one or more of the program activities 8.28 as required in paragraph (a), shall be based on the EDP 8.29 developed after an assessment. The EDP shall be based, at a 8.30 minimum, on consideration of the individual's existing education 8.31 level, employment experience and goals, available program 8.32 resources, and local labor market opportunities. The assessment 8.33 and EDP must comply with section 256.736, subdivision 10, 8.34 clauses (14) and (15). 8.35 (c) A participant who lacks basic literacy or mathematics 8.36 skills, a high school diploma or general education development 9.1 certificate, or English language skills, may be assigned to 9.2 participate in adult basic education, as appropriate and 9.3 necessary for achievement of the individual's employment goal. 9.4 (d) Participation in activities assigned pursuant to this 9.5 section may be sequential or concurrent. The provider may 9.6 require concurrent participation in the assigned activities if 9.7 it is appropriate to the participant's abilities, consistent 9.8 with the participant's EDP, and the activities can be 9.9 concurrently scheduled. However, to the extent possible, 9.10 activities should be full time. The combined hours of 9.11 participation in assigned concurrent activities shall not exceed 9.12 32 hours per week for an individual who has primary 9.13 responsibility for personally providing care to a child under 9.14 six years of age or 40 hours per week for any other individual. 9.15 The maximum number of hours any participant may be required to 9.16 participate in activities under this subdivision is a number 9.17 equal to the amount of AFDC payable to the recipient divided by 9.18 the greater of the federal minimum wage or the applicable state 9.19 minimum wages. 9.20 Subd. 6. [IMMEDIATE JOB SEARCH.] A recipient is required 9.21 to begin job search activities within 30 days after the 9.22 face-to-face interview for at least 30 hours per week for up to 9.23 four weeks, unless exempt under subdivision 7, subject to the 9.24 provisions of subdivision 8, or deferred under subdivision 9. 9.25 Notwithstanding section 256H.11, subdivision 1, for purposes of 9.26 the program the limit on job search child care is 480 hours 9.27 annually. For a recipient who is working at least 20 hours per 9.28 week, job search must consist of 12 hours per week for up to 9.29 eight weeks. The recipient is required to carry out the other 9.30 activities under the EDP developed under subdivision 3. 9.31 Subd. 7. [EXEMPTION CATEGORIES.] The recipient is exempted 9.32 from mandatory participation in all activities except 9.33 orientation, if the recipient belongs to any of the following 9.34 groups: 9.35 (1) caretakers under age 20 who have not completed a high 9.36 school education and are attending high school or an equivalency 10.1 program under section 256.736, subdivision 3b; 10.2 (2) individuals who are age 60 or older; 10.3 (3) individuals who are suffering from a professionally 10.4 certified permanent or temporary illness, injury, or incapacity 10.5 which is expected to continue for more than 30 days and which 10.6 prevents the person from obtaining or retaining employment; 10.7 (4) caretakers whose presence in the home is needed because 10.8 of illness or incapacity of another member in the household; 10.9 (5) women who are pregnant, if it has been medically 10.10 verified that the child is expected to be born within the next 10.11 six months; 10.12 (6) caretakers or other caretaker relatives of a child 10.13 under the age of three years who personally provide full-time 10.14 care for the child. In AFDC-UP cases, only one parent or other 10.15 relative may qualify for this exemption; 10.16 (7) individuals employed at least 30 hours per week; 10.17 (8) individuals for whom participation would require a 10.18 round trip commuting time by available transportation of more 10.19 than two hours, excluding transporting of children for child 10.20 care; 10.21 (9) a child under age 16, or a child age 16 or 17 who is 10.22 attending elementary or secondary school or a secondary-level 10.23 vocational or technical school full time; or 10.24 (10) individuals experiencing a personal or family crisis 10.25 which make them incapable of participating in the program, as 10.26 determined by the county. 10.27 Subd. 8. [AFDC-UP RECIPIENTS.] All recipients under the 10.28 AFDC-UP program are required to meet the requirements of the job 10.29 search program under section 256.736, subdivision 14, and the 10.30 community work experience program under section 256.737. 10.31 Subd. 9. [DEFERRAL FROM JOB SEARCH REQUIREMENT.] The 10.32 recipient may be deferred from the requirement to conduct at 10.33 least 30 hours of job search per week for up to four consecutive 10.34 weeks, if during the development of the EDP, the recipient is 10.35 determined to: 10.36 (1) be within two years of completing a post-secondary 11.1 training program that is likely to lead to employment provided 11.2 the recipient is attending school full time. The recipient must 11.3 agree to develop and carry out an EDP which includes jobs search 11.4 immediately after the training is completed; 11.5 (2) be in treatment for chemical dependency, be a victim of 11.6 domestic abuse, or be homeless, provided that the recipient 11.7 agrees to develop an EDP, and immediately follow through with 11.8 the activities in the EDP. The EDP must include specific 11.9 outcomes that the recipient must achieve for the duration of the 11.10 EDP and activities that are needed to address the issues 11.11 identified. Under this clause, the recipient may be deferred 11.12 for up to three months; 11.13 (3) lack proficiency in English which is a barrier to 11.14 employment, provided such individuals are successfully 11.15 participating in an ESL program. Caretakers can be deferred for 11.16 ESL for no longer than 12 months. The EDP shall establish an 11.17 education plan which assigns caretakers to ESL programs 11.18 available in the community that provide the quickest advancement 11.19 of the caretaker's language skills; or 11.20 (4) need refresher courses for purposes of obtaining 11.21 professional certification or licensure, provided the plans are 11.22 approved in the EDP. 11.23 Subd. 10. [DUTY TO REPORT.] The participant must 11.24 immediately inform the provider of any changes related to the 11.25 participant's employment status. 11.26 Sec. 4. [256.7384] [COMMUNITY WORK EXPERIENCE PROGRAM FOR 11.27 SINGLE-PARENT FAMILIES.] 11.28 To the extent that funds are available or appropriated, 11.29 recipients who are participating in the program and are not 11.30 working in unsubsidized employment within 24 months are required 11.31 to participate in a community work experience program in 11.32 accordance with section 256.737. 11.33 Sec. 5. [256.7385] [MOVE TO A DIFFERENT COUNTY.] 11.34 If the recipient who is required to participate in the 11.35 program moves to a different county, the benefits and enabling 11.36 services agreed upon in the EDP must be provided by the pilot 12.1 county where the recipient originated. If the recipient is 12.2 moving to a different county and has failed to comply with the 12.3 requirements of the program, the recipient is not eligible for 12.4 AFDC for at least six months from the date of the move. 12.5 Sec. 6. [256.7386] [SANCTIONS AND APPEAL PROCESS.] 12.6 The same sanctions and appeals imposed and available to 12.7 recipients of AFDC under this chapter shall be imposed and 12.8 available to participants in the MNJOBS program. 12.9 Sec. 7. [256.7387] [PROGRAM FUNDING.] 12.10 (a) [FUNDING.] After ensuring that all persons required to 12.11 participate in the county's food stamp employment and training 12.12 program will be served under that program, any remaining 12.13 unexpended state funds from the county's food stamp employment 12.14 and training program allocation for that fiscal year may be 12.15 combined with the county's Project STRIDE allocation for that 12.16 same fiscal year and are available to administer the program. 12.17 (b) [TRANSFER OF ACCESS CHILD CARE FUNDS.] After the end 12.18 of the third quarter of the state fiscal year, any unencumbered 12.19 ACCESS funds of a county participating in the program shall be 12.20 transferred to the county's base sliding fee fund to be used to 12.21 provide child care to AFDC recipients beyond the one-year 12.22 transition period. In determining the baseline funding for the 12.23 ACCESS and basic sliding fee programs, the commissioners of 12.24 finance and human services shall ignore any transfers made under 12.25 this section. 12.26 (c) [USE OF CHILD CARE.] Participants in the program are 12.27 eligible for STRIDE child care funds. 12.28 (d) [LEVERAGING GRANT AMOUNT TO SECURE OTHER FUNDS.] The 12.29 county agency or the provider in cooperation with the 12.30 commissioner may leverage the grant amount to secure other funds 12.31 from employers, foundations, and the community for the purpose 12.32 of developing additional components to benefit children and 12.33 improve the program. 12.34 Sec. 8. [INCOME DISREGARDS.] 12.35 A participating county may utilize the county's own funds 12.36 in order to provide higher income disregards to recipients 13.1 participating in the program. 13.2 Sec. 9. [WAIVER AUTHORITY.] 13.3 The commissioner of human services is authorized to seek 13.4 all necessary waivers to implement sections 1 to 8. The waiver 13.5 requests must be submitted by the commissioner as part of the 13.6 federal waiver package authorized by Laws 1995, chapter 178, 13.7 article 2, section 46. 13.8 Sec. 10. [APPROPRIATION.] 13.9 $102,000 is appropriated from the general fund to the 13.10 commissioner of human services for the fiscal year ending June 13.11 30, 1997, for purposes of applying for necessary federal waivers 13.12 to implement the program, and administering the MNJOBS program. 13.13 Sec. 11. [EFFECTIVE DATE.] 13.14 Section 9 is effective July 1, 1996. For purposes of 13.15 sections 1 to 8, the commissioner may allow the implementation 13.16 of the MNJOBS program in counties that have been approved by the 13.17 commissioner as early as April 1, 1997, but no later than July 13.18 1, 1997. 13.19 ARTICLE 2 13.20 MFIP AND INCOME ASSISTANCE CHANGES BASED ON FEDERAL REFORM 13.21 Section 1. [MFIP; LEGISLATIVE POLICY.] 13.22 Subdivision 1. [LEGISLATIVE FINDINGS.] The legislature 13.23 recognizes that: 13.24 (1) changes in federal law and federal funding may 13.25 necessitate changes to Minnesota's public assistance programs; 13.26 (2) Minnesota is in the process of testing and evaluating 13.27 the Minnesota family investment plan, a program that will change 13.28 public assistance programs in Minnesota; and 13.29 (3) the Minnesota family investment plan embodies the 13.30 principles that should guide Minnesota in implementing changes 13.31 necessitated by federal law and federal funding. 13.32 Subd. 2. [WELFARE REFORM PROPOSAL.] (a) The commissioner 13.33 shall present the 1997 legislature with a proposal to modify the 13.34 Minnesota family investment plan for statewide implementation. 13.35 The proposed program must be designed around the following goals: 13.36 (1) to support work; 14.1 (2) to foster personal responsibility; 14.2 (3) to support the family; 14.3 (4) to simplify the welfare system; 14.4 (5) to prevent dependency; and 14.5 (6) to enable families to achieve sustained 14.6 self-sufficiency. 14.7 (b) The proposed program shall provide assistance to all 14.8 families with minor children and individuals who meet program 14.9 eligibility rules and comply with program requirements and may 14.10 set limits on the number of years or months of assistance. 14.11 (c) In designing the proposal, the commissioner shall 14.12 consider: 14.13 (1) evaluation results from the Minnesota family investment 14.14 plan; 14.15 (2) any evaluation or other information regarding the 14.16 results of the work focused, work first, MNJOBS, and STRIDE 14.17 programs; 14.18 (3) evaluations from any programs which have increased 14.19 income disregards for working recipient families; and 14.20 (4) program and fiscal analysis of the impact of federal 14.21 laws, including proposals to simplify or block grant the food 14.22 stamp program. 14.23 (d) The commissioner shall consider the following 14.24 additional policy options in developing the proposal: 14.25 (1) consolidate all income assistance programs into a 14.26 single program; 14.27 (2) integrate the food stamp program more closely with 14.28 income assistance program; 14.29 (3) provide disregards of earned income that are not time 14.30 limited; 14.31 (4) establish asset limits which appropriately reflect the 14.32 needs of working families; 14.33 (5) provide for flexibility in establishing grant standards 14.34 which can be adapted to different needs of assistance units and 14.35 to different work and training requirements in order to maximize 14.36 successful outcomes; 15.1 (6) use of wage subsidies to increase employment 15.2 opportunities; 15.3 (7) development of individual asset accounts; 15.4 (8) expansion of employment and training options to include 15.5 the option of small business training; 15.6 (9) establishment of a loan or grant fund for transition to 15.7 work needs not covered under the grant; 15.8 (10) contingent on inclusion of clause (3), provide an 15.9 initial period of assistance, not to exceed six months, after 15.10 which the grant standard for all assistance units would be 15.11 reduced. After this initial period: 15.12 (i) assistance units in which all adults are incapacitated, 15.13 as defined by the commissioner, would receive a supplement that 15.14 raises the unit's grant standard back to the standard of the 15.15 initial period; 15.16 (ii) assistance units not included in item (i) could earn 15.17 back a portion of the grant reduction by participating in 15.18 employment and training services; and 15.19 (iii) for assistance units not included in item (i), 15.20 earnings equal to the grant reduction would be entirely 15.21 disregarded in determining benefits; 15.22 (11) pay child support directly to custodial parents 15.23 receiving income assistance and budget all or part of the child 15.24 support amount against the income assistance benefit; 15.25 (12) address the question of providing assistance to 15.26 Minnesota residents who are legal noncitizens; 15.27 (13) divert applicants from using public assistance through 15.28 early intervention focused on meeting immediate needs; and 15.29 (14) implement an outcome-based quality assurance program 15.30 that measures the effectiveness of transitional support services 15.31 by defining target groups, program goals, outcome indicators, 15.32 data collection methods, and performance targets. 15.33 Sec. 2. [INCOME ASSISTANCE PROGRAMS; FEDERAL POLICY 15.34 INITIATIVE.] 15.35 If the 104th Congress makes significant policy or funding 15.36 changes that affect income assistance, the commissioner of human 16.1 services shall develop a proposal that includes recommendations 16.2 for the legislature which address these changes. 16.3 Further, the commissioners of human services, health, 16.4 economic security, and children, families, and learning, shall, 16.5 upon request of a county, work with and jointly develop a 16.6 proposal that permits the county to merge funding and services 16.7 in order to meet the individual needs of eligible clients. The 16.8 proposal and draft legislation are due to the chairs of the 16.9 senate family services committee and health and human services 16.10 finance division, and the house of representatives human 16.11 services committee and health and human services finance 16.12 division by December 1, 1996. 16.13 ARTICLE 3 16.14 ASSISTANCE PROGRAM CHANGES 16.15 Section 1. Minnesota Statutes 1994, section 53A.09, is 16.16 amended to read: 16.17 53A.09 [POWERS; LIMITATIONS; PROHIBITIONS.] 16.18 Subdivision 1. [DEPOSITS; ESCROW ACCOUNTS.] A currency 16.19 exchange may not accept money or currency for deposit, or act as 16.20 bailee or agent for persons, firms, partnerships, associations, 16.21 or corporations to hold money or currency in escrow for others 16.22 for any purpose. However, a currency exchange may act as agent 16.23 for the issuer of money orders or travelers' checks. 16.24 Subd. 2. [GAMBLING ESTABLISHMENTS.] A currency exchange 16.25 located on the premises of a gambling establishment as defined 16.26 in section 256.9831, subdivision 1, may not cash a warrant that 16.27 bears a restrictive endorsement under section 256.9831, 16.28 subdivision 3. 16.29 Sec. 2. Minnesota Statutes 1994, section 256.031, is 16.30 amended by adding a subdivision to read: 16.31 Subd. 1a. [USE OF FEDERAL AUTHORITY.] Federal authority as 16.32 cited in sections 256.031 to 256.0361 and section 256.047 is 16.33 reference to the United States Code, title 42, section 601, 16.34 United States Code, title 42, section 602, section 402 of the 16.35 Social Security Act, and Code of Federal Regulations, title 45, 16.36 as constructed on the day prior to their federal repeal. 17.1 Sec. 3. Minnesota Statutes 1994, section 256.033, is 17.2 amended by adding a subdivision to read: 17.3 Subd. 6. [RECOVERY OF ATM ERRORS.] For recipients 17.4 receiving benefits via electronic benefit transfer, if the 17.5 recipient is overpaid as a result of an automated teller machine 17.6 (ATM) dispensing funds in error to the recipient, the agency may 17.7 recover the ATM error by immediately withdrawing funds from the 17.8 recipient's electronic benefit transfer account, up to the 17.9 amount of the error. 17.10 Sec. 4. Minnesota Statutes 1994, section 256.034, is 17.11 amended by adding a subdivision to read: 17.12 Subd. 6. [PAYMENT METHODS.] Minnesota family investment 17.13 plan grant payments may be issued in the form of warrants 17.14 immediately redeemable in cash, electronic benefits transfer, or 17.15 by direct deposit into the recipient's account in a financial 17.16 institution. 17.17 Sec. 5. Minnesota Statutes 1994, section 256.035, 17.18 subdivision 1, is amended to read: 17.19 Subdivision 1. [EXPECTATIONS.] All families eligible for 17.20 assistance under the family investment plan who are assigned to 17.21 a test group in the evaluation as provided in section 256.031, 17.22 subdivision 3, paragraph (d), are expected to be in transitional 17.23 status as defined in section 256.032, subdivision 12. To be 17.24 considered in transitional status, families must meet the 17.25 following expectations: 17.26 (a) For a family headed by a single adult parental 17.27 caregiver, the expectation is that the parental caregiver will 17.28 independently pursue self-sufficiency until the family has 17.29 received assistance for 24 months within the preceding 36 17.30 months. Beginning with the 25th month of assistance, the parent 17.31 must be developing or complying with the terms of the family 17.32 support agreement. 17.33 (b) For a family with a minor parental caregiver or a 17.34 family whose parental caregiver is 18 or 19 years of age and 17.35 does not have a high school diploma or its equivalent, the 17.36 expectation is that, concurrent with the receipt of assistance, 18.1 the parental caregiver must be developing or complying with a 18.2 family support agreement. The terms of the family support 18.3 agreement must include compliance with section 256.736, 18.4 subdivision 3b. However, if the assistance unit does not comply 18.5 with section 256.736, subdivision 3b, the sanctions in 18.6 subdivision 3 apply. 18.7 (c) For a family with two adult parental caregivers, the 18.8 expectation is that at least one parent will independently 18.9 pursue self-sufficiency until the family has received assistance 18.10 for six months within the preceding 12 months. Beginning with 18.11 the seventh month of assistance, one parent must be developing 18.12 or complying with the terms of the family support agreement. To 18.13 the extent of available resources and provided the other 18.14 caregiver is proficient in English, the commissioner may require 18.15 that both caregivers in a family with two adult parental 18.16 caregivers, in which the youngest child has attained the age of 18.17 six and is not in kindergarten, must be developing or complying 18.18 with the terms of a family support agreement by the seventh 18.19 month on assistance. A caregiver shall be determined proficient 18.20 in English if the county agency, or its employment and training 18.21 service provider, determines that the person has sufficient 18.22 English language capabilities to become suitably employed. 18.23 If, as of July 1, 1996, the other caretaker is enrolled in 18.24 a post-secondary education or training program that is limited 18.25 to one year and can reasonably be expected to lead to 18.26 employment, that caretaker is exempt from job search and work 18.27 experience for a period of one year or until the caretaker stops 18.28 attending the post-secondary program, whichever is shorter. 18.29 Sec. 6. Minnesota Statutes 1994, section 256.035, 18.30 subdivision 6a, is amended to read: 18.31 Subd. 6a. [CASE MANAGEMENT SERVICES.] (a) The county 18.32 agency will provide case management services to caregivers 18.33 required to develop and comply with a family support agreement 18.34 as provided in subdivision 1. For minor parents, the 18.35 responsibility of the case manager shall be as defined in 18.36 section 256.736, subdivision 3b. Sanctions for failing to 19.1 develop or comply with the terms of a family support agreement 19.2 shall be imposed according to subdivision 3. When a minor 19.3 parent reaches age 17, or earlier if determined necessary by the 19.4 social service agency, the minor parent shall be referred for 19.5 case management services. 19.6 (b) Case managers shall provide the following services: 19.7 (1) the case manager shall provide or arrange for an 19.8 assessment of the family and caregiver's needs, interests, and 19.9 abilities according to section 256.736, subdivision 11, 19.10 paragraph (a), clause (1); 19.11 (2) the case manager shall coordinate services according to 19.12 section 256.736, subdivision 11, paragraph (a), clause (3); 19.13 (3) the case manager shall develop an employability plan 19.14 according to subdivision 6b; 19.15 (4) the case manager shall develop a family support 19.16 agreement according to subdivision 6c; and 19.17 (5) the case manager shall monitor the caregiver's 19.18 compliance with the employability plan and the family support 19.19 agreement as required by the commissioner. 19.20 (c) Case management counseling and personal assistance 19.21 services may continue for up to six months following the 19.22 caregiver's achievement of employment goals. Funds for specific 19.23 employment and training services may be expended for up to 90 19.24 days after the caregiver loses eligibility for financial 19.25 assistance. 19.26 Sec. 7. Minnesota Statutes 1995 Supplement, section 19.27 256.0475, is amended by adding a subdivision to read: 19.28 Subd. 2a. [INTENSIVE ESL.] "Intensive ESL" means an 19.29 English as a second language program that offers at least 20 19.30 hours of class per week. 19.31 Sec. 8. Minnesota Statutes 1995 Supplement, section 19.32 256.048, subdivision 1, is amended to read: 19.33 Subdivision 1. [EXPECTATIONS.] The requirement for a 19.34 caregiver to develop a family support agreement is tied to the 19.35 structure of the family and the length of time on assistance 19.36 according to paragraphs (a) to (c). 20.1 (a) In a family headed by a single adult parental caregiver 20.2 who has received AFDC, family general assistance, MFIP, or a 20.3 combination of AFDC, family general assistance, and MFIP 20.4 assistance for 12 or more months within the preceding 24 months, 20.5 the parental caregiver must be developing and complying with the 20.6 terms of the family support agreement commencing with the 13th 20.7 month of assistance. 20.8 (b) For a family with a minor parental caregiver or a 20.9 family whose parental caregiver is 18 or 19 years of age and 20.10 does not have a high school diploma or its equivalent, the 20.11 parental caregiver must be developing and complying with a 20.12 family support agreement concurrent with the receipt of 20.13 assistance. The terms of the family support agreement must 20.14 include compliance with section 256.736, subdivision 3b. If the 20.15 parental caregiver fails to comply with the terms of the family 20.16 support agreement, the sanctions in subdivision 4 apply. When 20.17 the requirements in section 256.736, subdivision 3b, have been 20.18 met, a caregiver has fulfilled the caregiver's obligation. 20.19 County agencies must continue to offer MFIP-R services if the 20.20 caregiver wants to continue with an employability plan. 20.21 Caregivers who fulfill the requirements of section 256.736, 20.22 subdivision 3b, are subject to the expectations of paragraphs 20.23 (a) and (c). 20.24 (c) In a family with two adult parental caregivers, at 20.25 least one of whom has received AFDC, family general assistance, 20.26 MFIP, or a combination of AFDC, family general assistance, and 20.27 MFIP assistance for six or more months within the preceding 12 20.28 months, one parental caregiver must be developing and complying 20.29 with the terms of the family support agreement commencing with 20.30 the seventh month of assistance. The family and MFIP-R staff 20.31 will designate the parental caregiver who will develop the 20.32 family support agreement based on which parent has the greater 20.33 potential to increase family income through immediate 20.34 employment. To the extent of available resources and provided 20.35 the other caregiver is proficient in English, the commissioner 20.36 may require that both caregivers in a family with two adult 21.1 parental caregivers, in which the youngest child has attained 21.2 the age of six and is not in kindergarten, must be developing or 21.3 complying with the terms of a family support agreement by the 21.4 seventh month on assistance. A caregiver shall be determined 21.5 proficient in English if the county agency, or its employment 21.6 and training service provider, determines that the person has 21.7 sufficient English language capabilities to become suitably 21.8 employed. 21.9 If, as of July 1, 1996, the other caretaker is enrolled in 21.10 a post-secondary education or training program that is limited 21.11 to one year and can reasonably be expected to lead to 21.12 employment, that caretaker is exempt from job search and work 21.13 experience for a period of one year or until the caretaker stops 21.14 attending the post-secondary program, whichever is shorter. 21.15 Sec. 9. Minnesota Statutes 1995 Supplement, section 21.16 256.048, subdivision 4, is amended to read: 21.17 Subd. 4. [SANCTION.] The county agency must reduce an 21.18 assistance unit's assistance payment by ten percent of the 21.19 transitional standard for the applicable family size when a 21.20 caregiver, who is not exempt from the expectations in this 21.21 section, fails to attend a mandatory briefing, fails to attend 21.22 scheduled meetings with MFIP-R staff, terminates employment 21.23 without good cause, or fails to develop or comply with the terms 21.24 of the caregiver's family support agreement. MFIP-R staff must 21.25 send caregivers a notice of intent to sanction. For the purpose 21.26 of this section, "notice of intent to sanction" means MFIP-R 21.27 staff must provide written notification to the caregiver that 21.28 the caregiver is not fulfilling the requirement to develop or 21.29 comply with the family support agreement. This notification 21.30 must inform the caregiver of the right to request a conciliation 21.31 conference within ten days of the mailing of the notice of 21.32 intent to sanction or the right to request a fair hearing under 21.33 section 256.045. If a caregiver requests a conciliation 21.34 conference, the county agency must postpone implementation of 21.35 the sanction pending completion of the conciliation conference. 21.36 If the caregiver does not request a conciliation conference 22.1 within ten calendar days of the mailing of the notice of intent 22.2 to sanction, the MFIP-R staff must notify the county agency that 22.3 the assistance payment should be reduced. 22.4 Upon notification from MFIP-R staff that an assistance 22.5 payment should be reduced, the county agency must send a notice 22.6 of adverse action to the caregiver stating that the assistance 22.7 payment will be reduced in the next month following the ten-day 22.8 notice requirement and state the reason for the action. For the 22.9 purpose of this section, "notice of adverse action" means the 22.10 county agency must send a notice of sanction, reduction, 22.11 suspension, denial, or termination of benefits before taking any 22.12 of those actions. The caregiver may request a fair hearing 22.13 under section 256.045, upon notice of intent to sanction or 22.14 notice of adverse action, but the conciliation conference is 22.15 available only upon notice of intent to sanction. 22.16 Sec. 10. Minnesota Statutes 1995 Supplement, section 22.17 256.048, subdivision 6, is amended to read: 22.18 Subd. 6. [PRE-EMPLOYMENT AND EMPLOYMENT SERVICES.] The 22.19 county agency must provide services identified in clauses (1) to 22.20 (10). Services include: 22.21 (1) a required briefing for all nonmandatory caregivers 22.22 assigned to MFIP-R, which includes a review of the information 22.23 presented at an earlier MFIP-R orientation pursuant to 22.24 subdivision 5, and an overview of services available under 22.25 MFIP-R pre-employment and employment services, an overview of 22.26 job search techniques, and the opportunity to volunteer for 22.27 MFIP-R job search activities and basic education services; 22.28 (2) a briefing for all mandatory caregivers assigned to 22.29 MFIP-R, which includes a review of the information presented at 22.30 an earlier MFIP-R orientation pursuant to subdivision 5, and an 22.31 overview of services available under MFIP-R pre-employment and 22.32 employment services; 22.33 (3) an MFIP assessment that meets the requirements of 22.34 section 256.736, subdivision 10, paragraph (a), clause (14), and 22.35 addresses caregivers' skills, abilities, interests, and needs; 22.36 (4) development, together with the caregiver, of an 23.1 employability plan and family support agreement according to 23.2 subdivision 7; 23.3 (5) coordination of services including child care, 23.4 transportation, education assistance, and social services 23.5 necessary to enable caregivers to fulfill the terms of the 23.6 employability plan and family support agreement; 23.7 (6) provision of
full-time English as a second language23.8 (intensive ESL )classes; 23.9 (7) provision of a broad range of employment and 23.10 pre-employment services including basic skills testing, interest 23.11 and aptitude testing, career exploration, job search activities, 23.12 community work experience program under section 256.737, or 23.13 on-the-job training under section 256.738; 23.14 (8) evaluation of the caregiver's compliance with the 23.15 employability plan and family support agreement and support and 23.16 recognition of progress toward employment goals; 23.17 (9) provision of postemployment follow-up for up to six 23.18 months after caregivers become exempt or exit MFIP-R due to 23.19 employment if requested by the caregiver; and 23.20 (10) approval of education and training program activities. 23.21 Sec. 11. Minnesota Statutes 1995 Supplement, section 23.22 256.048, subdivision 13, is amended to read: 23.23 Subd. 13. [EDUCATION AND TRAINING ACTIVITIES; BASIC 23.24 EDUCATION.] Basic education, including adult basic education, 23.25 high school or general equivalency diploma , or ESLmay be 23.26 included in the family support agreement when a caregiver is 23.27 actively participating in job search activities as specified in 23.28 the family support agreement, or employed at least 12 hours per 23.29 week. The concurrent work requirement for basic education does 23.30 not apply to caregivers under subdivision 1, paragraph (b), who 23.31 are attending secondary school full time. Six months of basic 23.32 education activities may be included in the family support 23.33 agreement, and extension of basic education activities, 23.34 including intensive ESL, is contingent upon review and approval 23.35 by MFIP-R staff. 23.36 Non-English-speaking caregivers have the option to 24.1 participate in full-timeintensive ESL activities for up to six 24.2 months prior to participation in job searchwith approval of 24.3 MFIP-R staff, provided the caregiver also works or participates 24.4 in job search. For caregivers participating in intensive ESL, 24.5 hours spent in intensive ESL, employment, and job search must 24.6 equal at least 30 hours per week, or 20 hours per week for a 24.7 single parent caregiver with a child under age six. 24.8 Sec. 12. Minnesota Statutes 1994, section 256.73, 24.9 subdivision 1, is amended to read: 24.10 Subdivision 1. [DEPENDENT CHILDREN.] Assistance shall be 24.11 given under sections 256.72 to 256.87 to or on behalf of any 24.12 dependent child who: 24.13 (1) ResidesHas resided in Minnesota for at least 30 days 24.14 or, if residing in the state for less than 30 days, the child or 24.15 the child's caretaker relative meets one of the criteria 24.16 specified in subdivision 1b; 24.17 (2) Is otherwise eligible; the child shall not be denied 24.18 aid because of conditions of the home in which the child resides. 24.19 Sec. 13. Minnesota Statutes 1994, section 256.73, is 24.20 amended by adding a subdivision to read: 24.21 Subd. 1a. [USE OF CODE OF FEDERAL REGULATIONS.] In the 24.22 event that federal block grant legislation eliminates the 24.23 federal regulatory basis for AFDC, the state shall continue to 24.24 determine eligibility for Minnesota's AFDC program using the 24.25 provisions of the Code of Federal Regulations, title 45, as 24.26 constructed on the day prior to their federal repeal, except as 24.27 expressly superseded in sections 256.72 to 256.87, or as 24.28 superseded by federal law, or as modified by state rule or by 24.29 regulatory waivers granted to the state. 24.30 Sec. 14. Minnesota Statutes 1994, section 256.73, is 24.31 amended by adding a subdivision to read: 24.32 Subd. 1b. [RESIDENCY CRITERIA.] A child or caretaker 24.33 relative who has resided in Minnesota for less than 30 days is 24.34 considered to be a Minnesota resident if: 24.35 (1) either the child or the caretaker relative was born in 24.36 the state; 25.1 (2) either the child or the caretaker relative has, in the 25.2 past, resided in this state for at least 365 consecutive days; 25.3 (3) either the child or the caretaker relative came to this 25.4 state to join a close relative who has resided in this state for 25.5 at least one year. For purposes of this clause, "close 25.6 relative" means a parent, grandparent, brother, sister, spouse, 25.7 or child; or 25.8 (4) the caretaker relative came to this state to accept a 25.9 bona fide offer of employment and was eligible to accept the 25.10 employment. 25.11 A county agency may waive the 30-day residency requirement 25.12 in cases of emergency or where unusual hardship would result 25.13 from denial of assistance. The county agency must report to the 25.14 commissioner within 30 days on any waiver granted under this 25.15 section. The county shall not deny an application solely 25.16 because the applicant does not meet at least one of the criteria 25.17 in this subdivision, but shall continue to process the 25.18 application and leave the application pending until the 25.19 residency requirement is met or until eligibility or 25.20 ineligibility is established. 25.21 Sec. 15. Minnesota Statutes 1995 Supplement, section 25.22 256.73, subdivision 8, is amended to read: 25.23 Subd. 8. [RECOVERY OF OVERPAYMENTS AND ATM ERRORS.] (a) 25.24 Except as provided in subdivision 8a, if an amount of aid to 25.25 families with dependent children assistance is paid to a 25.26 recipient in excess of the payment due, it shall be recoverable 25.27 by the county agency. The agency shall give written notice to 25.28 the recipient of its intention to recover the overpayment. 25.29 (b) When an overpayment occurs, the county agency shall 25.30 recover the overpayment from a current recipient by reducing the 25.31 amount of aid payable to the assistance unit of which the 25.32 recipient is a member for one or more monthly assistance 25.33 payments until the overpayment is repaid. All county agencies 25.34 in the state shall reduce the assistance payment by three 25.35 percent of the assistance unit's standard of need or the amount 25.36 of the monthly payment, whichever is less, for all overpayments 26.1 whether or not the overpayment is due solely to agency 26.2 error. For recipients receiving benefits via electronic benefit 26.3 transfer, if the overpayment is a result of an automated teller 26.4 machine (ATM) dispensing funds in error to the recipient, the 26.5 agency may recover the ATM error by immediately withdrawing 26.6 funds from the recipient's electronic benefit transfer account, 26.7 up to the amount of the error. If the overpayment is due solely 26.8 to having wrongfully obtained assistance, whether based on a 26.9 court order, the finding of an administrative fraud 26.10 disqualification hearing or a waiver of such a hearing, or a 26.11 confession of judgment containing an admission of an intentional 26.12 program violation, the amount of this reduction shall be ten 26.13 percent. In cases when there is both an overpayment and 26.14 underpayment, the county agency shall offset one against the 26.15 other in correcting the payment. 26.16 (c) Overpayments may also be voluntarily repaid, in part or 26.17 in full, by the individual, in addition to the above aid 26.18 reductions, until the total amount of the overpayment is repaid. 26.19 (d) The county agency shall make reasonable efforts to 26.20 recover overpayments to persons no longer on assistance in 26.21 accordance with standards adopted in rule by the commissioner of 26.22 human services. The county agency need not attempt to recover 26.23 overpayments of less than $35 paid to an individual no longer on 26.24 assistance if the individual does not receive assistance again 26.25 within three years, unless the individual has been convicted of 26.26 fraud under section 256.98. 26.27 Sec. 16. Minnesota Statutes 1994, section 256.736, 26.28 subdivision 1a, is amended to read: 26.29 Subd. 1a. [DEFINITIONS.] As used in this section and 26.30 section 256.7365, the following words have the meanings given 26.31 them: 26.32 (a) "AFDC" means aid to families with dependent children. 26.33 (b) "AFDC-UP" or "two-parent family" means that group of 26.34 AFDC clients who are eligible for assistance by reason of 26.35 unemployment as defined by the commissioner under section 26.36 256.12, subdivision 14. 27.1 (c) "Caretaker" means a parent or eligible adult, including 27.2 a pregnant woman, who is part of the assistance unit that has 27.3 applied for or is receiving AFDC. 27.4 (d) "Case manager" means the county agency's employment and 27.5 training service provider who provides the services identified 27.6 in sections 256.736 to 256.739 according to subdivision 12. 27.7 (e) "Employment and training services" means programs, 27.8 activities, and services related to job training, job placement, 27.9 and job creation, including job service programs, job training 27.10 partnership act programs, wage subsidies, remedial and secondary 27.11 education programs, post-secondary education programs excluding 27.12 education leading to a post-baccalaureate degree ,and vocational 27.13 education programs, work readiness programs,job search, 27.14 counseling, case management, community work experience programs, 27.15 displaced homemaker programs, self-employment programs, grant 27.16 diversion, employment experience programs, youth employment 27.17 programs, community investment programs, refugee employment and 27.18 training programs, and counseling and support activities 27.19 necessary to stabilize the caretaker or the family. 27.20 (e)(f) "Employment and training service provider" means a 27.21 public, private, or nonprofit agency certified by the 27.22 commissioner of economic security to deliver employment and 27.23 training services under section 268.0122, subdivision 3, and 27.24 section 268.871, subdivision 1. 27.25 (f)(g) "Minor parent" means a caretaker relative who is27.26 theperson who is under age 18 who is either the birth parent of 27.27 the dependenta minor child or children in the assistance unit 27.28 and who is under the age of 18 or is eligible for AFDC as a 27.29 pregnant woman. 27.30 (g)(h) "Targeted groups" or "targeted caretakers" means 27.31 recipients of AFDC or AFDC-UP designated as priorities for 27.32 employment and training services under subdivision 16. 27.33 (h)(i) "Suitable employment" means employment which: 27.34 (1) is within the recipient's physical and mental capacity; 27.35 (2) meets health and safety standards established by the 27.36 Occupational Safety and Health Administration and the department 28.1 of economic security; 28.2 (3) pays hourly gross earnings which are not less than the 28.3 federal or state minimum wage for that type of employment, 28.4 whichever is applicable; 28.5 (4) does not result in a net loss of income. Employment 28.6 results in a net loss of income when the income remaining after 28.7 subtracting necessary work-related expenses from the family's 28.8 gross income, which includes cash assistance, is less than the 28.9 cash assistance the family was receiving at the time the offer 28.10 of employment was made. For purposes of this definition, "work 28.11 expenses" means the amount withheld or paid for; state and 28.12 federal income taxes; social security withholding taxes; 28.13 mandatory retirement fund deductions; dependent care costs; 28.14 transportation costs to and from work at the amount allowed by 28.15 the Internal Revenue Service for personal car mileage; costs of 28.16 work uniforms, union dues, and medical insurance premiums; costs 28.17 of tools and equipment used on the job; $1 per work day for the 28.18 costs of meals eaten during employment; public liability 28.19 insurance required by an employer when an automobile is used in 28.20 employment and the cost is not reimbursed by the employer; and 28.21 the amount paid by an employee from personal funds for business 28.22 costs which are not reimbursed by the employer; 28.23 (5) offers a job vacancy which is not the result of a 28.24 strike, lockout, or other bona fide labor dispute; 28.25 (6) requires a round trip commuting time from the 28.26 recipient's residence of less than two hours by available 28.27 transportation, exclusive of the time to transport children to 28.28 and from child care; 28.29 (7) does not require the recipient to leave children under 28.30 age 12 unattended in order to work, or if child care is 28.31 required, such care is available; and 28.32 (8) does not discriminate at the job site on the basis of 28.33 age, sex, race, color, creed, marital status, status with regard 28.34 to public assistance, disability, religion, or place of national 28.35 origin. 28.36 (i)(j) "Support services" means programs, activities, and 29.1 services intended to stabilize families and individuals or 29.2 provide assistance for family needs related to employment or 29.3 participation in employment and training services, including 29.4 child care, transportation, housing assistance, personal and 29.5 family counseling, crisis intervention services, peer support 29.6 groups, chemical dependency counseling and treatment, money 29.7 management assistance, and parenting skill courses. 29.8 Sec. 17. Minnesota Statutes 1994, section 256.736, 29.9 subdivision 3b, is amended to read: 29.10 Subd. 3b. [MANDATORY ASSESSMENT AND SCHOOL ATTENDANCE FOR 29.11 CERTAIN CUSTODIAL PARENTS.] This subdivision applies to the 29.12 extent permitted under federal law and regulation. 29.13 (a) [DEFINITIONS.] The definitions in this paragraph apply 29.14 to this subdivision. 29.15 (1) "Custodial parent" means a recipient of AFDC who is the 29.16 natural or adoptive parent of a child living with the custodial 29.17 parent. 29.18 (2) "School" means: 29.19 (i) an educational program which leads to a high school 29.20 diploma. The program or coursework may be, but is not limited 29.21 to, a program under the post-secondary enrollment options of 29.22 section 123.3514, a regular or alternative program of an 29.23 elementary or secondary school, a technical college, or a 29.24 college; 29.25 (ii) coursework for a general educational development (GED) 29.26 diploma of not less than six hours of classroom instruction per 29.27 week; or 29.28 (iii) any other post-secondary educational program that is 29.29 approved by the public school or the county agency under29.30 subdivision 11. 29.31 (b) [ASSESSMENT AND PLAN; REQUIREMENT; CONTENT.] The 29.32 county agency must examine the educational level of each 29.33 custodial parent under the age of 20 to determine if the 29.34 recipient has completed a high school education or its 29.35 equivalent. If the custodial parent has not completed a high 29.36 school education or its equivalent and is not exempt from the 30.1 requirement to attend school under paragraph (c), the county 30.2 agency must complete an individual assessment for the custodial 30.3 parent. The assessment must be performed as soon as possible 30.4 but within 60 days of determining AFDC eligibility for the 30.5 custodial parent. The assessment must provide an initial 30.6 examination of the custodial parent's educational progress and 30.7 needs, literacy level, child care and supportive service needs, 30.8 family circumstances, skills, and work experience. In the case 30.9 of a custodial parent under the age of 18, the assessment must 30.10 also consider the results of the early and periodic screening, 30.11 diagnosis and treatment (EPSDT) screening, if available, and the 30.12 effect of a child's development and educational needs on the 30.13 parent's ability to participate in the program. The county 30.14 agency must advise the parent that the parent's first goal must 30.15 be to complete an appropriate educational option if one is 30.16 identified for the parent through the assessment and, in 30.17 consultation with educational agencies, must review the various 30.18 school completion options with the parent and assist the parent 30.19 in selecting the most appropriate option. 30.20 (c) [RESPONSIBILITY FOR ASSESSMENT AND PLAN.] For 30.21 custodial parents who are under age 18, the assessment and the 30.22 employability plan must be completed by the county social 30.23 services agency, as specified in section 257.33. For custodial 30.24 parents who are age 18 or 19, the assessment and employability 30.25 plan must be completed by the case manager. The social services 30.26 agency or the case manager shall consult with representatives of 30.27 educational agencies required to assist in developing 30.28 educational plans under section 126.235. 30.29 (d) [EDUCATION DETERMINED TO BE APPROPRIATE.] If the case 30.30 manager or county social services agency identifies an 30.31 appropriate educational option, it must develop an employability 30.32 plan in consultation with the custodial parent which reflects 30.33 the assessment. The plan must specify that participation in an 30.34 educational activity is required, what school or educational 30.35 program is most appropriate, the services that will be provided, 30.36 the activities the parent will take part in including child care 31.1 and supportive services, the consequences to the custodial 31.2 parent for failing to participate or comply with the specified 31.3 requirements, and the right to appeal any adverse action. The 31.4 employability plan must, to the extent possible, reflect the 31.5 preferences of the participant. 31.6 (e) [EDUCATION DETERMINED TO BE NOT APPROPRIATE.] If the 31.7 case manager determines that there is no appropriate educational 31.8 option for a custodial parent who is age 18 or 19, the case 31.9 manager shall indicate the reasons for the determination. The 31.10 case manager shall then notify the county agency which must 31.11 refer the custodial parent to case management services under31.12 subdivision 11the Project STRIDE program for completion of an 31.13 employability plan and mandatory participation in employment and 31.14 training services. If the custodial parent fails to participate 31.15 or cooperate with case managementemployment and training 31.16 services and does not have good cause for the failure, the 31.17 county agency shall apply the sanctions listed in subdivision 4, 31.18 beginning with the first payment month after issuance of 31.19 notice. If the county social services agency determines that 31.20 school attendance is not appropriate for a custodial parent 31.21 under age 18, the county agency shall refer the custodial parent 31.22 to social services for services as provided in section 257.33. 31.23 (f) [SCHOOL ATTENDANCE REQUIRED.] Notwithstanding 31.24 subdivision 3, a custodial parent must attend school if all of 31.25 the following apply: 31.26 (1) the custodial parent is less than 20 years of age; 31.27 (2) transportation services needed to enable the custodial 31.28 parent to attend school are available; 31.29 (3) licensed or legal nonlicensed child care services 31.30 needed to enable the custodial parent to attend school are 31.31 available; 31.32 (4) the custodial parent has not already received a high 31.33 school diploma or its equivalent; and 31.34 (5) the custodial parent is not exempt because the 31.35 custodial parent: 31.36 (i) is ill or incapacitated seriously enough to prevent 32.1 attendance at school; 32.2 (ii) is needed in the home because of the illness or 32.3 incapacity of another member of the household; this includes a 32.4 custodial parent of a child who is younger than six weeks of 32.5 age; 32.6 (iii) works 30 or more hours a week; or 32.7 (iv) is pregnant if it has been medically verified that the 32.8 child's birth is expected within the next six months. 32.9 (g) [ENROLLMENT AND ATTENDANCE.] The custodial parent must 32.10 be enrolled in school and meeting the school's attendance 32.11 requirements. If enrolled, the custodial parent is considered 32.12 to be attending when the school is not in regular session, 32.13 including during holiday and summer breaks. 32.14 (h) [GOOD CAUSE FOR NOT ATTENDING SCHOOL.] The county 32.15 agency shall not impose the sanctions in subdivision 4 if it 32.16 determines that a custodial parent has good cause for not being 32.17 enrolled or for not meeting the school's attendance 32.18 requirements. The county agency shall determine whether good 32.19 cause for not attending or not enrolling in school exists, 32.20 according to this paragraph: 32.21 (1) Good cause exists when the county agency has verified 32.22 that the only available school program requires round trip 32.23 commuting time from the custodial parent's residence of more 32.24 than two hours by available means of transportation, excluding 32.25 the time necessary to transport children to and from child care. 32.26 (2) Good cause exists when the custodial parent has 32.27 indicated a desire to attend school, but the public school 32.28 system is not providing for the education and alternative 32.29 programs are not available. 32.30 (i) [FAILURE TO COMPLY.] The case manager and social 32.31 services agency shall establish ongoing contact with appropriate 32.32 school staff to monitor problems that custodial parents may have 32.33 in pursuing their educational plan and shall jointly seek 32.34 solutions to prevent parents from failing to complete 32.35 education. If the school notifies the county agency that the 32.36 custodial parent is not enrolled or is not meeting the school's 33.1 attendance requirements, or appears to be facing barriers to 33.2 completing education, the information must be conveyed to the 33.3 case manager for a custodial parent age 18 or 19, or to the 33.4 social services agency for a custodial parent under age 18. The 33.5 case manager or social services agency shall reassess the 33.6 appropriateness of school attendance as specified in paragraph 33.7 (f). If after consultation, school attendance is still 33.8 appropriate and the case manager or social services agency 33.9 determines that the custodial parent has failed to enroll or is 33.10 not meeting the school's attendance requirements and the 33.11 custodial parent does not have good cause, the case manager or 33.12 social services agency shall inform the custodial parent's 33.13 financial worker who shall apply the sanctions listed in 33.14 subdivision 4 beginning with the first payment month after 33.15 issuance of notice. 33.16 (j) [NOTICE AND HEARING.] A right to notice and fair 33.17 hearing shall be provided in accordance with section 256.045 and 33.18 the Code of Federal Regulations, title 45, section 205.10. 33.19 (k) [SOCIAL SERVICES.] When a custodial parent under the 33.20 age of 18 has failed to attend school, is not exempt, and does 33.21 not have good cause, the county agency shall refer the custodial 33.22 parent to the social services agency for services, as provided 33.23 in section 257.33. 33.24 (l) [VERIFICATION.] No less often than quarterly, the 33.25 financial worker must verify that the custodial parent is 33.26 meeting the requirements of this subdivision. Notwithstanding 33.27 section 13.32, subdivision 3, when the county agency notifies 33.28 the school that a custodial parent is subject to this 33.29 subdivision, the school must furnish verification of school 33.30 enrollment, attendance, and progress to the county agency. The 33.31 county agency must not impose the sanctions in paragraph (i) if 33.32 the school fails to cooperate in providing verification of the 33.33 minor parent's education, attendance, or progress. 33.34 Sec. 18. Minnesota Statutes 1994, section 256.736, 33.35 subdivision 4, is amended to read: 33.36 Subd. 4. [CONDITIONS OF CERTIFICATION.] The commissioner 34.1 of human services shall: 34.2 (1) in consultation with the commissioner of children, 34.3 families, and learning, arrange for or provide any caretaker or 34.4 child required to participatewho participates in employment and 34.5 training services pursuant to this section with child-care 34.6 services, transportation, and other necessary family services; 34.7 (2) provide that in determining a recipient's needs the 34.8 additional expenses attributable to participation in a program 34.9 are taken into account in grant determination to the extent 34.10 permitted by federal regulation; 34.11 (3) provide that the county board shall impose the 34.12 sanctions in clause (4) when the county board: 34.13 (a) determines that a custodial parent under the age of 16 34.14 who is required to attend school under subdivision 3b has, 34.15 without good cause, failed to attend school; or 34.16 (b) determines that subdivision 3c applies to a minor 34.17 parent and the minor parent has, without good cause, failed to 34.18 cooperate with development of a social service plan or to 34.19 participate in execution of the plan, to live in a group or 34.20 foster home, or to participate in a program that teaches skills 34.21 in parenting and independent living; 34.22 (4) to the extent permissible by federal law, impose the 34.23 following sanctions for a recipient's failure to participate in 34.24 the requirements of subdivision 3b or 3c: 34.25 (a) for the first failure, 50 percent of the grant provided 34.26 to the family for the month following the failure shall be made 34.27 in the form of protective or vendor payments; 34.28 (b) for the second and subsequent failures, the entire 34.29 grant provided to the family must be made in the form of 34.30 protective or vendor payments. Assistance provided to the 34.31 family must be in the form of protective or vendor payments 34.32 until the recipient complies with the requirement; and 34.33 (c) when protective payments are required, the county 34.34 agency may continue payments to the caretaker if a protective 34.35 payee cannot reasonably be found; 34.36 (5) provide that the county board shall impose the 35.1 sanctions in clause (6) when the county board: 35.2 (a) determines that a caretaker or child required to 35.3 participate in employment and training services has been found 35.4 by the employment and training service provider to have failed 35.5 without good cause to participate in appropriate employment and 35.6 training services, to comply with the recipient's employability 35.7 development plan, or to have failed without good cause to 35.8 accept, through the job search program described in subdivision 35.9 14, or the provisions of an employability development plan if 35.10 the caretaker is a custodial parent age 18 or 19 and subject to 35.11 the requirements of subdivision 3b, a bona fide offer of public 35.12 or other employment; 35.13 (b) determines that a custodial parent aged 16 to 19 who is 35.14 required to attend school under subdivision 3b has, without good 35.15 cause, failed to enroll or attend school; or 35.16 (c) determines that a caretaker has, without good cause, 35.17 failed to attend orientation; 35.18 (6) to the extent required by federal law, impose the 35.19 following sanctions for a recipient's failure to participate in 35.20 required employment and training services, to comply with the 35.21 recipient's employability development plan, to accept a bona 35.22 fide offer of public or other employment, to enroll or attend 35.23 school under subdivision 3b, or to attend orientation: 35.24 (a) for the first failure, the needs of the noncompliant 35.25 individual shall not be taken into account in making the grant 35.26 determination, until the individual complies with the 35.27 requirements; 35.28 (b) for the second failure, the needs of the noncompliant 35.29 individual shall not be taken into account in making the grant 35.30 determination until the individual complies with the requirement 35.31 or for three consecutive months, whichever is longer; 35.32 (c) for subsequent failures, the needs of the noncompliant 35.33 individual shall not be taken into account in making the grant 35.34 determination until the individual complies with the requirement 35.35 or for six consecutive months, whichever is longer; 35.36 (d) aid with respect to a dependent child who has been 36.1 sanctioned under this paragraph shall be continued for the 36.2 parent or parents of the child if the child is the only child 36.3 receiving aid in the family, the child continues to meet the 36.4 conditions of section 256.73, and the family is otherwise 36.5 eligible for aid; 36.6 (e) if the noncompliant individual is a parent or other 36.7 relative caretaker, payments of aid for any dependent child in 36.8 the family must be made in the form of protective or vendor 36.9 payments. When protective payments are required, the county 36.10 agency may continue payments to the caretaker if a protective 36.11 payee cannot reasonably be found. When protective payments are 36.12 imposed on assistance units whose basis of eligibility is36.13 unemployed parent or incapacitated parenta two-parent family, 36.14 cash payments may continue to the nonsanctionedcaretaker in the 36.15 assistance unit who remains eligible for AFDC, subject to 36.16 paragraph (g); 36.17 (f) If, after removing a caretaker's needs from the grant, 36.18 only dependent children remain eligible for AFDC, the standard 36.19 of assistance shall be computed using the special children 36.20 standard; 36.21 (g) if the noncompliant individual is a principal wage36.22 earner in a family whose basis of eligibility is the36.23 unemployment of aparent in a two-parent family and the 36.24 nonprincipal wage earnerother parent is not participating in an 36.25 approved employment and training service, the needs of both the36.26 principal and nonprincipal wage earnerparents must not be taken 36.27 into account in making the grant determination; and 36.28 (7) Request approval from the secretary of health and human 36.29 services to use vendor payment sanctions for persons listed in 36.30 paragraph (5), clause (b). If approval is granted, the 36.31 commissioner must begin using vendor payment sanctions as soon 36.32 as changes to the state plan are approved. 36.33 Sec. 19. Minnesota Statutes 1995 Supplement, section 36.34 256.736, subdivision 10, is amended to read: 36.35 Subd. 10. [COUNTY DUTIES.] (a) To the extent of available 36.36 state appropriations, county boards shall: 37.1 (1) refer all mandatory and eligible volunteer caretakers 37.2 permitted to participate under subdivision 3a to an employment 37.3 and training service provider for participation in employment 37.4 and training services; 37.5 (2) identify to the employment and training service 37.6 provider the target group of which the referred caretaker is a 37.7 member, if any, and whether the person's participation is 37.8 mandatory or voluntary; 37.9 (3) provide allcaretakers with an orientation which meets 37.10 the requirements in subdivisions 10a and 10b; 37.11 (4) work with the employment and training service provider 37.12 to encourage voluntaryparticipation by caretakers in the target37.13 groupsin employment and training services; 37.14 (5) work with the employment and training service provider 37.15 to collect data as required by the commissioner; 37.16 (6) to the extent permissible under federal law, require 37.17 all caretakers coming into the AFDC program to attend 37.18 orientation; 37.19 (7) encourage nontargetcaretakers to develop a plan to 37.20 obtain self-sufficiency; 37.21 (8) notify the commissioner of the caretakers required to37.22 who participate in employment and training services; 37.23 (9) inform appropriate caretakers of opportunities 37.24 available through the head start program and encourage 37.25 caretakers to have their children screened for enrollment in the 37.26 program where appropriate; 37.27 (10) provide transportation assistance using available 37.28 funds to caretakers who participate in employment and training 37.29 programs; 37.30 (11) ensure that the required services of orientation, job37.31 search,services to custodial parents under the age of 20 who 37.32 have not completed high school or an equivalent program, job 37.33 search, educational activities, and work experience for AFDC-UP37.34 two-parent families , and case management servicesare made 37.35 available to appropriate caretakers under this section, except37.36 that payment for case management services is governed by38.1 subdivision 13and that services are provided to volunteer 38.2 caretakers to the extent resources permit; 38.3 (12) explain in its local service unit plan under section 38.4 268.88 how it will ensure that targetcaretakers determined to 38.5 be in need of social services are provided with such social 38.6 services. The plan must specify how the case manager and the 38.7 county social service workers will ensure delivery of needed 38.8 services; 38.9 (13) to the extent allowed by federal laws and regulations, 38.10 provide a job search program as defined in subdivision 14, a 38.11 community work experience program as defined in section 256.737, 38.12 grant diversion as defined in section 256.739, and on-the-job 38.13 training as defined in section 256.738. A county may also 38.14 provide another work and training program approved by the 38.15 commissioner and the secretary of the United States Department 38.16 of Health and Human Services. Planning and approval for 38.17 employment and training services listed in this clause must be 38.18 obtained through submission of the local service unit plan as 38.19 specified under section 268.88. A county is not required to 38.20 provide a community work experience program if the county agency 38.21 is successful in placing at least 4060 percent of the monthly 38.22 average of all caretakers who are subject to the job search 38.23 requirements of subdivision 14 in grant diversion or on-the-job 38.24 training program; 38.25 (14) prior to participation, provide an assessment of each 38.26 AFDC recipient who is required or volunteers to participate in 38.27 an approved employment and training service. The assessment 38.28 must include an evaluation of the participant's (i) educational, 38.29 child care, and other supportive service needs; (ii) skills and 38.30 prior work experience; and (iii) ability to secure and retain a 38.31 job which, when wages are added to child support, will support 38.32 the participant's family. The assessment must also include a 38.33 review of the results of the early and periodic screening, 38.34 diagnosis and treatment (EPSDT) screening and preschool 38.35 screening under chapter 123, if available; the participant's 38.36 family circumstances; and, in the case of a custodial parent 39.1 under the age of 18, a review of the effect of a child's 39.2 development and educational needs on the parent's ability to 39.3 participate in the program; 39.4 (15) develop an employability development plan for each 39.5 recipient for whom an assessment is required under clause (14) 39.6 which: 39.7 (i) reflects the assessment required by clause (14); 39.8 (ii) takes into consideration the recipient's physical 39.9 capacity, skills, experience, health and safety, family 39.10 responsibilities, place of residence, proficiency, child care 39.11 and other supportive service needs; 39.12 (iii) is based on available resources and local employment 39.13 opportunities; 39.14 (iv) specifies the services to be provided by the 39.15 employment and training service provider; 39.16 (v) specifies the activities the recipient will participate 39.17 in, including the worksite to which the caretaker will be 39.18 assigned, if the caretaker is subject to the requirements of 39.19 section 256.737, subdivision 2; 39.20 (vi) specifies necessary supportive services such as child 39.21 care; 39.22 (vii) reflects the effort to arrange mandatory activities 39.23 so that the activities do not interfere with access to available 39.24 English as a second language classes and to the extent possible, 39.25 reflects the preferences of the participant; 39.26 (viii) includes a written agreement between the county 39.27 agency and the caretaker that outlines a reasonable schedule for 39.28 completing the plan, including specific completion deadlines, 39.29 and confirms that 39.30 (A) there is a market for full-time employees with this 39.31 education or training where the caretaker will or is willing to 39.32 reside upon completion of the program; 39.33 (B) the average wage level for employees with this 39.34 education or training is greater than the caretaker can earn 39.35 without this education or training; 39.36 (C) the caretaker has the academic ability to successfully 40.1 complete the program; and 40.2 (D) there is a reasonable expectation that the caretaker 40.3 will complete the training program based on such factors as the 40.4 caretaker's previous education, training, work history, current 40.5 motivation, and changes in previous circumstances; and 40.6 (ix) specifies the recipient's long-term employment goal 40.7 which shall lead to self-sufficiency. Caretakers shall be 40.8 counseled to set realistic attainable goals, taking into account 40.9 the long-term needs of the caretaker and the caretaker's family; 40.10 (16) provide written notification to and obtain the written 40.11 concurrence of the appropriate exclusive bargaining 40.12 representatives with respect to job duties covered under 40.13 collective bargaining agreements and assure that no work 40.14 assignment under this section or sections 256.737, 256.738, and 40.15 256.739, or the Minnesota parent's fair share mandatory 40.16 community work experience program results in: (i) termination, 40.17 layoff, or reduction of the work hours of an employee for the 40.18 purpose of hiring an individual under this section or sections 40.19 256.737, 256.738, and 256.739; (ii) the hiring of an individual 40.20 if any other person is on layoff from the same or a 40.21 substantially equivalent job; (iii) any infringement of the 40.22 promotional opportunities of any currently employed individual; 40.23 (iv) the impairment of existing contracts for services or 40.24 collective bargaining agreements; or (v) except for on-the-job 40.25 training under section 256.738, a participant filling an 40.26 established unfilled position vacancy. If an exclusive 40.27 bargaining representative and a county or public service 40.28 employer disagree regarding whether job duties are covered under 40.29 a collective bargaining agreement, the exclusive bargaining 40.30 representative or the county or public service employer may 40.31 petition the bureau of mediation services, and the bureau shall 40.32 determine if the job duties are covered by a collective 40.33 bargaining agreement; and40.34 (17) assess each caretaker in an AFDC-UPa two-parent 40.35 family who is under age 25, has not completed high school or a 40.36 high school equivalency program, and who would otherwise be 41.1 required to participate in a work experience placement under 41.2 section 256.737 to determine if an appropriate secondary 41.3 education option is available for the caretaker. If an 41.4 appropriate secondary education option is determined to be 41.5 available for the caretaker, the caretaker must, in lieu of 41.6 participating in work experience, enroll in and meet the 41.7 educational program's participation and attendance 41.8 requirements. "Secondary education" for this paragraph means 41.9 high school education or education designed to prepare a person 41.10 to qualify for a high school equivalency certificate, basic and 41.11 remedial education, and English as a second language education. 41.12 A caretaker required to participate in secondary education who, 41.13 without good cause, fails to participate shall be subject to the 41.14 provisions of subdivision 4a and the sanction provisions of 41.15 subdivision 4, clause (6). For purposes of this clause, "good 41.16 cause" means the inability to obtain licensed or legal 41.17 nonlicensed child care services needed to enable the caretaker 41.18 to attend, inability to obtain transportation needed to attend, 41.19 illness or incapacity of the caretaker or another member of the 41.20 household which requires the caretaker to be present in the 41.21 home, or being employed for more than 30 hours per week; and 41.22 (18) provide counseling and other personal follow-up 41.23 support as needed for up to six months after the participant 41.24 loses AFDC eligibility to assist the person to maintain 41.25 employment or to secure new employment. 41.26 (b) Funds available under this subdivision may not be used 41.27 to assist, promote, or deter union organizing. 41.28 (c) A county board may provide other employment and 41.29 training services that it considers necessary to help caretakers 41.30 obtain self-sufficiency. 41.31 (d) Notwithstanding section 256G.07, when a target 41.32 caretaker relocates to another county to implement the 41.33 provisions of the caretaker's case management contract or other41.34 written employability development plan approved by the county 41.35 human service agency, its case manageror its employment and 41.36 training service provider, the county that approved the plan is 42.1 responsible for the costs of case management and otherservices 42.2 required to carry out the plan , including employment and42.3 training services. The county agency's responsibility for the 42.4 costs ends when all plan obligations have been met, when the 42.5 caretaker loses AFDC eligibility for at least 30 days, or when 42.6 approval of the plan is withdrawn for a reason stated in the 42.7 plan, whichever occurs first. Responsibility for the costs of 42.8 child care must be determined under chapter 256H. A county 42.9 human service agency may pay for the costs of case management,42.10 child care ,and other services required in an approved 42.11 employability development plan when the nontarget caretaker 42.12 relocates to another county or when a target caretaker again 42.13 becomes eligible for AFDC after having been ineligible for at 42.14 least 30 days. 42.15 Sec. 20. Minnesota Statutes 1995 Supplement, section 42.16 256.736, subdivision 10a, is amended to read: 42.17 Subd. 10a. [ORIENTATION.] (a) Each county agency must 42.18 provide an orientation to all caretakers within its jurisdiction 42.19 in the time limits described in this paragraph: 42.20 (1) within 60 days of being determined eligible for AFDC 42.21 for caretakers with a continued absence or incapacitated parent42.22 basis of eligibilitywho are permitted to volunteer for services 42.23 under subdivision 3a; or 42.24 (2) within 30 days of being determined eligible for AFDC 42.25 for caretakers with an unemployed parent basis of eligibility42.26 who are required to participate in services under subdivision 3a. 42.27 (b) Caretakers are required to attend an in-person 42.28 orientation if the caretaker is a member of one of the groups 42.29 listed in subdivision 3a, paragraph (a), unless the caretaker is 42.30 exempt from registration under subdivision 3 and the caretaker's 42.31 exemption basis will not expire within 60 days of being 42.32 determined eligible for AFDC, or the caretaker is enrolled at 42.33 least half time in any recognized school, training program, or 42.34 institution of higher learning and the in-person orientation 42.35 cannot be scheduled at a time that does not interfere with the 42.36 caretaker's school or training schedule. The county agency 43.1 shall require attendance at orientation of caretakers described 43.2 in subdivision 3a, paragraph (b) or (c), if the commissioner 43.3 determines that the groups are eligible for participation in 43.4 employment and training services. 43.5 (c) The orientation must consist of a presentation that 43.6 informs caretakers of: 43.7 (1) the identity, location, and phone numbers of employment 43.8 and training and support services available in the county; 43.9 (2) the types and locations of child care services 43.10 available through the county agency that are accessible to 43.11 enable a caretaker to participate in educational programs or 43.12 employment and training services; 43.13 (3) the child care resource and referral program designated 43.14 by the commissioner providing education and assistance to select 43.15 child care services and a referral to the child care resource 43.16 and referral when assistance is requested; 43.17 (4) the obligations of the county agency and service 43.18 providers under contract to the county agency; 43.19 (5) the rights, responsibilities, and obligations of 43.20 participants; 43.21 (6) the grounds for exemption from mandatory employment and 43.22 training services or educational requirements; 43.23 (7) the consequences for failure to participate in 43.24 mandatory services or requirements, including the requirement 43.25 that volunteer participants comply with their employability 43.26 development plan; 43.27 (8) the method of entering educational programs or 43.28 employment and training services available through the county; 43.29 (9) the availability and the benefits of the early and 43.30 periodic, screening, diagnosis and treatment (EPSDT) program and 43.31 preschool screening under chapter 123; 43.32 (10) their eligibility for transition year child care 43.33 assistance when they lose eligibility for AFDC due to their 43.34 earnings; 43.35 (11) their eligibility for extended medical assistance when 43.36 they lose eligibility for AFDC due to their earnings; and44.1 (12) the availability of the federal earned income tax 44.2 credits and the state working family tax credits; and 44.3 (13) the availability and benefits of the Head Start 44.4 program. 44.5 (d) All orientation programs should provide information to 44.6 caretakers on parenting, nutrition, household management, food 44.7 preparation, and other subjects relevant to promoting family 44.8 integration and self-sufficiency and provide detailed 44.9 information on community resources available for training 44.10 sessions on these topics. 44.11 (e) Orientation must encourage recipients to view AFDC as a 44.12 temporary program providing grants and services to individuals 44.13 who set goals and develop strategies for supporting their 44.14 families without AFDC assistance. The content of the 44.15 orientation must not imply that a recipient's eligibility for 44.16 AFDC is time limited. Orientation may be provided through 44.17 audio-visual methods, but the caretaker must be given an 44.18 opportunity for face-to-face interaction with staff of the 44.19 county agency or the entity providing the orientation, and an 44.20 opportunity to express the desire to participate in educational 44.21 programs and employment and training services offered through 44.22 the county agency. 44.23 (f) County agencies shall not require caretakers to attend 44.24 orientation for more than three hours during any period of 12 44.25 continuous months. The county agency shall also arrange for or 44.26 provide needed transportation and child care to enable 44.27 caretakers to attend. 44.28 The county or, under contract, the county's employment and 44.29 training service provider shall mail written orientation 44.30 materials containing the information specified in paragraph (c), 44.31 clauses (1) to (3) and (8) to (12)(13), to each caretaker 44.32 exempt from attending an in-person orientation or who has good 44.33 cause for failure to attend after at least two dates for their 44.34 orientation have been scheduled. The county or the county's 44.35 employment and training service provider shall follow up with a 44.36 phone call or in writing within two weeks after mailing the 45.1 material. 45.2 (g) Persons required to attend orientation must be informed 45.3 of the penalties for failure to attend orientation, support 45.4 services to enable the person to attend, what constitutes good 45.5 cause for failure to attend, and rights to appeal. Persons 45.6 required to attend orientation must be offered a choice of at 45.7 least two dates for their first scheduled orientation. No 45.8 person may be sanctioned for failure to attend orientation until 45.9 after a second failure to attend. 45.10 (h) Good cause for failure to attend an in-person 45.11 orientation exists when a caretaker cannot attend because of: 45.12 (1) temporary illness or injury of the caretaker or of a 45.13 member of the caretaker's family that prevents the caretaker 45.14 from attending an orientation during the hours when the 45.15 orientation is offered; 45.16 (2) a judicial proceeding that requires the caretaker's 45.17 presence in court during the hours when orientation is 45.18 scheduled; or 45.19 (3) a nonmedical emergency that prevents the caretaker from 45.20 attending an orientation during the hours when orientation is 45.21 offered. "Emergency" for the purposes of this paragraph means a 45.22 sudden, unexpected occurrence or situation of a serious or 45.23 urgent nature that requires immediate action. 45.24 (i) Caretakers must receive a second orientation only when: 45.25 (1) there has been a 30-day break in AFDC eligibility; and 45.26 (2) the caretaker has not attended an orientation within 45.27 the previous 12-month period, excluding the month of 45.28 reapplication for AFDC. 45.29 Sec. 21. Minnesota Statutes 1994, section 256.736, 45.30 subdivision 12, is amended to read: 45.31 Subd. 12. [ CASE MANAGERSEMPLOYMENT AND TRAINING SERVICE 45.32 PROVISION.] (a) Counties may directly employ case managers to 45.33 provide the employment and training services in this section if 45.34 the county is certified as an employment and training service 45.35 provider under section 268.0122, or may contract for case45.36 managementservices with a certified employment and training 46.1 service provider. Uncertified counties and contracting agencies 46.2 may provide case managementservices only if they demonstrate 46.3 the ability to coordinate employment, training, education, and 46.4 support services. The commissioner of economic security shall 46.5 determine whether or not an uncertified county or agency has 46.6 demonstrated such ability. 46.7 (b) Counties that employ case managers must ensure that the 46.8 case managers have the skills and knowledge necessary to perform 46.9 the variety of tasks described in subdivision 11this section. 46.10 Counties that contract with another agency for case management46.11 services must specify in the contract the skills and knowledge 46.12 needed by the case managers. At a minimum, case managers must: 46.13 (1) have a thorough knowledge of training, education, and 46.14 employment opportunities; 46.15 (2) have training or experience in understanding the needs 46.16 of AFDC clients and their families; and 46.17 (3) be able to formulate creative individualized contracts46.18 employability development plans. 46.19 Sec. 22. Minnesota Statutes 1995 Supplement, section 46.20 256.736, subdivision 14, is amended to read: 46.21 Subd. 14. [JOB SEARCH.] (a) Each county agency must 46.22 establish and operate a job search program as provided under 46.23 this section. Unless all caretakers in the household are 46.24 exempt, one nonexempt caretaker in each AFDC-UPtwo-parent AFDC 46.25 household must be referred to and begin participation in the job 46.26 search program within 30 days of being determined eligible for 46.27 AFDC. If the assistance unit contains more than one nonexempt 46.28 caretaker, the caretakers may determine which caretaker shall 46.29 participate. The designation may be changed only once annually 46.30 at the annual redetermination of eligibility. If no designation 46.31 is made or if the caretakers cannot agree, the county agency 46.32 shall designate the caretaker having earned the greater of the 46.33 incomes, including in-kind income, during the 24-month period 46.34 immediately preceding the month of application for AFDC benefits 46.35 as the caretaker that must participate. When no designation is 46.36 made or the caretakers cannot agree and neither caretaker had 47.1 earnings or the earnings were identical for each caretaker, then 47.2 the county agency shall designate the caretaker who must 47.3 participate. A caretaker is exempt from job search 47.4 participation if: 47.5 (1) the caretaker is exempt from registration under 47.6 subdivision 3, except that the second caretaker cannot be exempt 47.7 to provide child care or care to an ill or incapacitated 47.8 household member if the first caretaker is sanctioned for 47.9 failure to comply or is exempt under any other exemption 47.10 category, provided the first caretaker is capable of providing 47.11 the needed care; or 47.12 (2) the caretaker is under age 25, has not completed a high 47.13 school diploma or an equivalent program, and is participating in 47.14 a secondary education program as defined in subdivision 10, 47.15 paragraph (a), clause (17), which is approved by the employment 47.16 and training service provider in the employability development 47.17 plan. 47.18 (b) The job search program must provide four consecutive 47.19 weeks of job search activities for no less than 20 hours per 47.20 week but not more than 32 hours per week. The employment and 47.21 training service provider shall specify for each participating 47.22 caretaker the number of weeks and hours of job search to be 47.23 conducted and shall report to the county agency if the caretaker 47.24 fails to cooperate with the job search requirement. A person 47.25 for whom lack of proficiency in English, as determined by an 47.26 appropriate evaluation, is a barrier to employment, can choose 47.27 to attend an available intensive, functional work literacy 47.28 program for a minimum of 20 hours in place of the 20 hours of 47.29 job search activities. The caretaker's employability 47.30 development plan must include the length of time needed in the 47.31 program, specific outcomes, attendance requirements, completion 47.32 dates, and employment goals as they pertain to the intensive 47.33 literacy program. 47.34 (c) The job search program may provide services to 47.35 non-AFDC-UPcaretakers who are not in two-parent families. 47.36 (d) After completion of job search requirements in this 48.1 section, if the caretaker is not employed, nonexempt caretakers 48.2 shall be placed in and must participate in and cooperate with 48.3 the work experience program under section 256.737, the 48.4 on-the-job training program under section 256.738, or the grant 48.5 diversion program under section 256.739. Caretakers must be 48.6 offered placement in a grant diversion or on-the-job training 48.7 program, if either such employment is available, before being 48.8 required to participate in a community work experience program 48.9 under section 256.737. When a nonexempt caretaker fails to 48.10 cooperate with the job search program, the work experience 48.11 program, the on-the-job training program, or the community work 48.12 experience program and is subject to the sanction provisions of 48.13 subdivision 4, the second caretaker in the assistance unit, 48.14 unless exempt, must also be removed from the grant unless that 48.15 second caretaker has been referred to and has started 48.16 participating in the job search program and subsequently in the 48.17 work experience program, the on-the-job training program, or the 48.18 community work experience program prior to the date the sanction 48.19 begins for the first caretaker. The second caretaker is 48.20 ineligible for AFDC until the first caretaker's sanction ends or 48.21 the second caretaker cooperates with the requirements. 48.22 (e) The commissioner may require that, to the extent of 48.23 available resources and provided the second caretaker is 48.24 proficient in English, both caretakers in a two-parent AFDC 48.25 family where all children are over age six and are not in 48.26 kindergarten participate in job search and work experience. A 48.27 caretaker shall be determined proficient in English if the 48.28 county agency, or its employment and training service provider, 48.29 determines that the person has sufficient English language 48.30 capabilities to become suitably employed. 48.31 If, as of July 1, 1996, the second caretaker is enrolled in 48.32 a post-secondary education or training program that is limited 48.33 to one year and can reasonably be expected to lead to 48.34 employment, the second caretaker is exempt from job search and 48.35 work experience for a period of one year or until the caretaker 48.36 stops attending the post-secondary program, whichever is shorter. 49.1 Sec. 23. Minnesota Statutes 1995 Supplement, section 49.2 256.736, subdivision 16, is amended to read: 49.3 Subd. 16. [ALLOCATION AND USE OF MONEY.] (a) State money 49.4 appropriated for employment and training services under this 49.5 section must be allocated to counties as specified in paragraphs 49.6 (b) to (l). 49.7 (b) For purposes of this subdivision, "targeted caretaker" 49.8 means a recipient who: 49.9 (1) is a custodial parent under the age of 24 who: (i) has 49.10 not completed a high school education and at the time of 49.11 application for AFDC is not enrolled in high school or in a high 49.12 school equivalency program; or (ii) had little or no work 49.13 experience in the preceding year; 49.14 (2) is a member of a family in which the youngest child is 49.15 within two years of being ineligible for AFDC due to age; or 49.16 (3) has received 36 months or more of AFDC over the last 60 49.17 months. 49.18 (c) One hundred percent of the money appropriated for case 49.19 management services as described in subdivision 11must be 49.20 allocated to counties based on the average number of cases in 49.21 each county described in clause (1). Money appropriated for 49.22 employment and training services as described in subdivision 1a, 49.23 paragraph (d), other than case management services, must be 49.24 allocated to counties as follows: 49.25 (1) Forty percent of the state money must be allocated 49.26 based on the average number of cases receiving AFDC in the 49.27 county which either have been open for 36 or more consecutive 49.28 months or have a caretaker who is under age 24 and who has no 49.29 high school or general equivalency diploma. The average number 49.30 of cases must be based on counts of these cases as of March 31, 49.31 June 30, September 30, and December 31 of the previous year. 49.32 (2) Twenty percent of the state money must be allocated 49.33 based on the average number of cases receiving AFDC in the 49.34 county which are not counted under clause (1). The average 49.35 number of cases must be based on counts of cases as of March 31, 49.36 June 30, September 30, and December 31 of the previous year. 50.1 (3) Twenty-five percent of the state money must be 50.2 allocated based on the average monthly number of assistance 50.3 units in the county receiving AFDC-UP for the period ending 50.4 December 31 of the previous year. 50.5 (4) Fifteen percent of the state money must be allocated at 50.6 the discretion of the commissioner based on participation levels 50.7 for target group members in each county. 50.8 (d) No more than 15 percent of the money allocated under 50.9 paragraph (b) and no more than 15 percent of the money allocated 50.10 under paragraph (c) may be used for administrative activities. 50.11 (e) At least 55 percent of the money allocated to counties 50.12 under paragraph (c) must be used for employment and training 50.13 services for caretakers in the target groups, and up to 45 50.14 percent of the money may be used for employment and training 50.15 services for nontarget caretakers. One hundred percent of the 50.16 money allocated to counties for case management services must be 50.17 used to provide those services to caretakers in the target 50.18 groups. 50.19 (f) Money appropriated to cover the nonfederal share of 50.20 costs for bilingual case management services to refugees for the 50.21 employment and training programs under this section are 50.22 allocated to counties based on each county's proportion of the 50.23 total statewide number of AFDC refugee cases. However, counties 50.24 with less than one percent of the statewide number of AFDC 50.25 refugee cases do not receive an allocation. 50.26 (g) Counties, the department of economic security, and 50.27 entities under contract with either the department of economic 50.28 security or the department of human services for provision of 50.29 STRIDE related services shall bill the commissioner of human 50.30 services for any expenditures incurred by the county, the 50.31 county's employment and training service provider, or the 50.32 department of economic security that may be reimbursed by 50.33 federal money. The commissioner of human services shall bill 50.34 the United States Department of Health and Human Services and 50.35 the United States Department of Agriculture for the 50.36 reimbursement and appropriate the reimbursed money to the 51.1 county, the department of economic security, or employment and 51.2 training service provider that submitted the original bill. The 51.3 reimbursed money must be used to expand employment and training 51.4 services. 51.5 (h) The commissioner of human services shall review county 51.6 expenditures of case management and employment and training 51.7 block grant money at the end of the third quarter of the 51.8 biennium and each quarter after that, and may reallocate 51.9 unencumbered or unexpended money allocated under this section to 51.10 those counties that can demonstrate a need for additional 51.11 money. Reallocation of funds must be based on the formula set 51.12 forth in paragraph (a), excluding the counties that have not 51.13 demonstrated a need for additional funds. 51.14 (i) The county agency may continue to provide case 51.15 management and supportive services to a participant for up to 90 51.16 days after the participant loses AFDC eligibility and may 51.17 continue providing a specific employment and training service 51.18 for the duration of that service to a participant if funds for 51.19 the service are obligated or expended prior to the participant 51.20 losing AFDC eligibility. 51.21 (j) One hundred percent of the money appropriated for an 51.22 unemployed parent work experience program under section 256.737 51.23 must be allocated to counties based on the average monthly 51.24 number of assistance units in the county receiving AFDC-UP for 51.25 the period ending December 31 of the previous year. 51.26 (k) The commissioner may waive the requirement of paragraph 51.27 (e) that case management funds be spent only on case management 51.28 services in order to permit the development of a unified STRIDE 51.29 funding allocation for each county agency. The unified 51.30 allocation may be expended by the county agency for case 51.31 management and employment and training activities in the 51.32 proportion determined necessary to streamline administrative 51.33 procedures and enhance program performance. The commissioner, 51.34 in consultation with the commissioner of economic security, may 51.35 also grant a waiver from program spending limits in paragraphs 51.36 (d) and (e) to any county which can demonstrate increased 52.1 program effectiveness through a written request to the 52.2 department. Counties which request a waiver of the spending 52.3 limits in paragraphs (d) and (e) shall amend their local service 52.4 unit plans and receive approval of the plans prior to commencing 52.5 the waiver. The commissioners of human services and economic 52.6 security shall annually evaluate the effectiveness of all 52.7 waivers approved under this subdivision. 52.8 (l) Effective July 1, 1995, the commissioner of human 52.9 services shall begin developing a performance model for the 52.10 purpose of analyzing each county's performance in the provision 52.11 of STRIDE employment and training services. Beginning February 52.12 1, 1997, and each year thereafter, the commissioner of human 52.13 services shall inform each county of the county's performance 52.14 based upon the following measures: 52.15 (1) employment rate at termination of STRIDE eligibility; 52.16 (2) wage rate at termination of STRIDE eligibility; 52.17 (3) average annual cost per placement calculated by 52.18 dividing the total STRIDE expenditures by the number of 52.19 participants placed in unsubsidized employment; 52.20 (4) AFDC-UP participation rate; 52.21 (5) percentage of 18- and 19-year-old custodial parents 52.22 subject to secondary education requirements of subdivision 3b 52.23 who complete secondary education or equivalent course of study; 52.24 and 52.25 (6) achievement of federally mandated JOBS participation 52.26 rate. 52.27 Performance measures (1), (2), and (3) shall be adjusted to 52.28 reflect local conditions. 52.29 County agencies must take the results of these performance 52.30 measures into consideration when selecting employment and 52.31 training service providers. 52.32 Sec. 24. Minnesota Statutes 1995 Supplement, section 52.33 256.737, subdivision 7, is amended to read: 52.34 Subd. 7. [INJURY PROTECTION FOR WORK EXPERIENCE 52.35 PARTICIPANTS.] (a) Payment of any claims resulting from an 52.36 alleged injury or death of a recipient participating in a 53.1 community work experience program established and operated by a 53.2 county or a tribal JOBS program pursuant to this section shall 53.3 be determined in accordance with this section. This 53.4 determination method applies to work experience programs 53.5 established under aid to families with dependent children, work 53.6 readiness, Minnesota parent's fair share, and to obligors 53.7 participating in community services pursuant to section 518.551, 53.8 subdivision 5a, in a county with an approved community 53.9 investment program. 53.10 (b) Claims that are subject to this section shall be 53.11 investigated by the county agency or the tribal JOBS program 53.12 responsible for supervising the work to determine whether the 53.13 claimed injury occurred, whether the claimed medical expenses 53.14 are reasonable, and whether the loss is covered by the 53.15 claimant's insurance. If insurance coverage is established, the 53.16 county agency or tribal JOBS program shall submit the claim to 53.17 the appropriate insurance entity for payment. The investigating 53.18 county agency or tribal JOBS program shall submit all valid 53.19 claims, in the amount net of any insurance payments, to the 53.20 department of human services. 53.21 (c) The department of human services shall submit all 53.22 claims for impairment compensation to the commissioner of labor 53.23 and industry. The commissioner of labor and industry shall 53.24 review all submitted claims and recommend to the department of 53.25 human services an amount of compensation comparable to that 53.26 which would be provided under the impairment compensation 53.27 schedule of section 176.101, subdivision 3b. 53.28 (d) The department of human services shall approve a claim 53.29 of $1,000 or less for payment if appropriated funds are 53.30 available, if the county agency or tribal JOBS program 53.31 responsible for supervising the work has made the determinations 53.32 required by this section, and if the work program was operated 53.33 in compliance with the safety provisions of this section. The 53.34 department shall pay the portion of an approved claim of $1,000 53.35 or less that is not covered by the claimant's insurance within 53.36 three months of the date of submission. On or before February 1 54.1 of each legislative session, the department shall submit to the 54.2 appropriate committees of the senate and the house of 54.3 representatives a list of claims of $1,000 or less paid during 54.4 the preceding calendar year and shall be reimbursed by 54.5 legislative appropriation for any claims that exceed the 54.6 original appropriation provided to the department to operate 54.7 this program. Any unspent money from this appropriation shall 54.8 carry over to the second year of the biennium, and any unspent 54.9 money remaining at the end of the second year shall be returned 54.10 to the state general fund. 54.11 On or before February 1 of each year, the department shall 54.12 submit to the appropriate committees of the senate and the house 54.13 of representatives a list of claims in excess of $1,000 and a 54.14 list of claims of $1,000 or less that were submitted to but not 54.15 paid by the department of human services, together with any 54.16 recommendations of appropriate compensation. These claims shall 54.17 be heard and determined by the appropriate committees of the 54.18 senate and house of representatives and, if approved, shall be 54.19 paid under the legislative claims procedure. 54.20 (e) Compensation paid under this section is limited to 54.21 reimbursement for reasonable medical expenses and impairment 54.22 compensation for disability in like amounts as allowed in 54.23 section 176.101, subdivision 3b. Compensation for injuries 54.24 resulting in death shall include reasonable medical expenses and 54.25 burial expenses in addition to payment to the participant's 54.26 estate in an amount up to $200,000. No compensation shall be 54.27 paid under this section for pain and suffering, lost wages, or 54.28 other benefits provided in chapter 176. Payments made under 54.29 this section shall be reduced by any proceeds received by the 54.30 claimant from any insurance policy covering the loss. For the 54.31 purposes of this section, "insurance policy" does not include 54.32 the medical assistance program authorized under chapter 256B or 54.33 the general assistance medical care program authorized under 54.34 chapter 256D. 54.35 (f) The procedure established by this section is exclusive 54.36 of all other legal, equitable, and statutory remedies against 55.1 the state, its political subdivisions, or employees of the state 55.2 or its political subdivisions. The claimant shall not be 55.3 entitled to seek damages from any state or, county, tribal, or 55.4 reservation insurance policy or self-insurance program. 55.5 (g) A claim is not valid for purposes of this subdivision 55.6 if the local agency responsible for supervising the work cannot 55.7 verify to the department of human services: 55.8 (1) that appropriate safety training and information is 55.9 provided to all persons being supervised by the agency under 55.10 this subdivision; and 55.11 (2) that all programs involving work by those persons 55.12 comply with federal Occupational Safety and Health 55.13 Administration and state department of labor and industry safety 55.14 standards. A claim that is not valid because of failure to 55.15 verify safety training or compliance with safety standards will 55.16 not be paid by the department of human services or through the 55.17 legislative claims process and must be heard, decided, and paid, 55.18 if appropriate, by the local government unit or tribal JOBS 55.19 program responsible for supervising the work of the claimant. 55.20 (h) This program is effective July 1, 1995. Claims may be 55.21 submitted on or after November 1, 1995. 55.22 Sec. 25. Minnesota Statutes 1995 Supplement, section 55.23 256.76, subdivision 1, is amended to read: 55.24 Subdivision 1. Upon the completion of the investigation 55.25 the county agency shall decide whether the child is eligible for 55.26 assistance under the provisions of sections 256.72 to 256.87 and 55.27 determine the amount of the assistance and the date on which the 55.28 assistance begins. A decision on an application for assistance 55.29 must be made as promptly as possible and no more than 30 days 55.30 from the date of application. Notwithstanding section 393.07, 55.31 the county agency shall not delay approval or issuance of 55.32 assistance pending formal action of the county board of 55.33 commissioners. The first month's grant shall be based upon that 55.34 portion of the month from the date of application, or from the 55.35 date that the applicant meets all eligibility factors, whichever 55.36 occurs later, provided that on the date that assistance is first 56.1 requested, the county agency shall inquire and determine whether 56.2 the person requesting assistance is in immediate need of food, 56.3 shelter, clothing, or other emergency assistance. If an 56.4 emergency need is found to exist, the applicant shall be granted 56.5 assistance pursuant to section 256.871 within a reasonable 56.6 period of time. ItThe county shall make a grant of assistance 56.7 which shall be binding upon the county and be complied with by 56.8 the county until the grant is modified or vacated. The county 56.9 agency shall notify the applicant of its decision in writing. 56.10 The assistance shall be paid monthly to the applicant or to the 56.11 vendor of medical care upon order of the county agency from 56.12 funds appropriated to the county agency for this purpose. 56.13 Sec. 26. Minnesota Statutes 1995 Supplement, section 56.14 256.81, is amended to read: 56.15 256.81 [COUNTY AGENCY, DUTIES.] 56.16 (1) The county agency shall keep such records, accounts, 56.17 and statistics in relation to aid to families with dependent 56.18 children as the state agency shall prescribe. 56.19 (2) Each grant of aid to families with dependent children 56.20 shall be paid to the recipient by the county agency unless paid 56.21 by the state agency. Payment must be by check or electronic56.22 meansin the form of a warrant immediately redeemable in cash, 56.23 electronic benefits transfer, or by direct deposit into the 56.24 recipient's account in a financial institution, except in those 56.25 instances in which the county agency, subject to the rules of 56.26 the state agency, determines that payments for care shall be 56.27 made to an individual other than the parent or relative with 56.28 whom the dependent child is living or to vendors of goods and 56.29 services for the benefit of the child because such parent or 56.30 relative is unable to properly manage the funds in the best 56.31 interests and welfare of the child. There is a presumption of 56.32 mismanagement of funds whenever a recipient is more than 30 days 56.33 in arrears on payment of rent, except when the recipient has 56.34 withheld rent to enforce the recipient's right to withhold the 56.35 rent in accordance with federal, state, or local housing laws. 56.36 In cases of mismanagement based solely on failure to pay rent, 57.1 the county may vendor the rent payments to the landlord. At the 57.2 request of a recipient, the state or county may make payments 57.3 directly to vendors of goods and services, but only for goods 57.4 and services appropriate to maintain the health and safety of 57.5 the child, as determined by the county. 57.6 (3) The state or county may ask the recipient to give 57.7 written consent authorizing the state or county to provide 57.8 advance notice to a vendor before vendor payments of rent are 57.9 reduced or terminated. Whenever possible under state and 57.10 federal laws and regulations and if the recipient consents, the 57.11 state or county shall provide at least 30 days notice to vendors 57.12 before vendor payments of rent are reduced or terminated. If 30 57.13 days notice cannot be given, the state or county shall notify 57.14 the vendor within three working days after the date the state or 57.15 county becomes aware that vendor payments of rent will be 57.16 reduced or terminated. When the county notifies a vendor that 57.17 vendor payments of rent will be reduced or terminated, the 57.18 county shall include in the notice that it is illegal to 57.19 discriminate on the grounds that a person is receiving public 57.20 assistance and the penalties for violation. The county shall 57.21 also notify the recipient that it is illegal to discriminate on 57.22 the grounds that a person is receiving public assistance and the 57.23 procedures for filing a complaint. The county agency may 57.24 develop procedures, including using the MAXIS system, to 57.25 implement vendor notice and may charge vendors a fee not 57.26 exceeding $5 to cover notification costs. 57.27 (4) A vendor payment arrangement is not a guarantee that a 57.28 vendor will be paid by the state or county for rent, goods, or 57.29 services furnished to a recipient, and the state and county are 57.30 not liable for any damages claimed by a vendor due to failure of 57.31 the state or county to pay or to notify the vendor on behalf of 57.32 a recipient, except under a specific written agreement between 57.33 the state or county and the vendor or when the state or county 57.34 has provided a voucher guaranteeing payment under certain 57.35 conditions. 57.36 (5) The county shall be paid from state and federal funds 58.1 available therefor the amount provided for in section 256.82. 58.2 (6) Federal funds available for administrative purposes 58.3 shall be distributed between the state and the counties in the 58.4 same proportion that expenditures were made except as provided 58.5 for in section 256.017. 58.6 (7) The affected county may require that assistance paid 58.7 under the AFDC emergency assistance program in the form of a 58.8 rental unit damage deposit, less any amount retained by the 58.9 landlord to remedy a tenant's default in payment of rent or 58.10 other funds due to the landlord pursuant to a rental agreement, 58.11 or to restore the premises to the condition at the commencement 58.12 of the tenancy, ordinary wear and tear excepted, be returned to 58.13 the county when the individual vacates the premises or paid to 58.14 the recipient's new landlord as a vendor payment. The vendor 58.15 payment of returned funds shall not be considered a new use of 58.16 emergency assistance. 58.17 Sec. 27. [256.9831] [BENEFITS; GAMBLING ESTABLISHMENTS.] 58.18 Subdivision 1. [DEFINITION.] For purposes of this section 58.19 "gambling establishment" means a bingo hall licensed under 58.20 section 349.164, a racetrack licensed under section 240.06 or 58.21 240.09, a casino operated under a tribal-state compact under 58.22 section 3.9221, or any other establishment that receives at 58.23 least 50 percent of its gross revenue from the conduct of 58.24 gambling. 58.25 Subd. 2. [FINANCIAL TRANSACTION CARDS.] The commissioner 58.26 shall take all actions necessary to insure that no person may 58.27 obtain benefits under chapter 256 or 256D through the use of a 58.28 financial transaction card, as defined in section 609.821, 58.29 subdivision 1, paragraph (a), at a terminal located in or 58.30 attached to a gambling establishment. 58.31 Subd. 3. [WARRANTS.] The commissioner shall take all 58.32 actions necessary to insure that warrants issued to pay benefits 58.33 under chapter 256 or 256D bear a restrictive endorsement that 58.34 prevents their being cashed in a gambling establishment. 58.35 Sec. 28. Minnesota Statutes 1995 Supplement, section 58.36 256D.02, subdivision 12a, is amended to read: 59.1 Subd. 12a. [RESIDENT.] (a) For purposes of eligibility for 59.2 general assistance under section 256D.05, and payments under59.3 section 256D.051and general assistance medical care, a 59.4 "resident" is a person living in the state for at least 30 days 59.5 with the intention of making the person's home here and not for 59.6 any temporary purpose. All applicants for these programs are 59.7 required to demonstrate the requisite intent and can do so in 59.8 any of the following ways: 59.9 (1) by showing that the applicant maintains a residence at 59.10 a verified address, other than a place of public accommodation. 59.11 An applicant may verify a residence address by presenting a 59.12 valid state driver's license, a state identification card, a 59.13 voter registration card, a rent receipt, a statement by the 59.14 landlord, apartment manager, or homeowner verifying that the 59.15 individual is residing at the address, or other form of 59.16 verification approved by the commissioner; or 59.17 (2) by providing written documentationverifying residence 59.18 in accordance with Minnesota Rules, part 9500.1219, subpart 3, 59.19 item (c). 59.20 (b) An applicant who has been in the state for less than 30 59.21 days shall be considered a resident if the applicant can provide 59.22 documentation: 59.23 (1) that the applicant came towas born in the state in59.24 response to an offer of employment; 59.25 (3) by providing verification(2) that the applicant has 59.26 been a long-time resident of the state or was formerly a 59.27 resident of the state for at least 365 days and is returning to 59.28 the state from a temporary absence, as those terms are defined 59.29 in rules to beadopted by the commissioner; 59.30 (3) that the applicant has come to the state to join a 59.31 close relative which, for purposes of this subdivision, means a 59.32 parent, grandparent, brother, sister, spouse, or child; or 59.33 (4) by providing other persuasive evidence to show that the59.34 applicant is a resident of the state, according to rules adopted59.35 by the commissionerthat the applicant has come to this state to 59.36 accept a bona fide offer of employment for which the applicant 60.1 is eligible. 60.2 A county agency shall waive the 30-day residency 60.3 requirement in cases of emergencies, including medical 60.4 emergencies, or where unusual hardship would result from denial 60.5 of general assistance medical care. A county may waive the 60.6 30-day residency requirement in cases of emergencies, including 60.7 medical emergencies, or where unusual hardship would result from 60.8 denial of general assistance. The county agency must report to 60.9 the commissioner within 30 days on any waiver granted under this 60.10 section. The county shall not deny an application solely 60.11 because the applicant does not meet at least one of the criteria 60.12 in this subdivision, but shall continue to process the 60.13 application and leave the application pending until the 60.14 residency requirement is met or until eligibility or 60.15 ineligibility is established. 60.16 Sec. 29. Minnesota Statutes 1995 Supplement, section 60.17 256D.03, subdivision 2, is amended to read: 60.18 Subd. 2. After December 31, 1980, state aid shall be paid 60.19 for 75 percent of all general assistance and grants up to the 60.20 standards of sectionssection 256D.01, subdivision 1a, and60.21 256D.051,and according to procedures established by the 60.22 commissioner, except as provided for under section 256.017. 60.23 Benefits shall be issued to recipients by the state or county 60.24 and funded according to section 256.025, subdivision 3. 60.25 Beginning July 1, 1991, the state will reimburse counties 60.26 according to the payment schedule in section 256.025 for the 60.27 county share of county agency expenditures made under this 60.28 subdivision from January 1, 1991, on. Payment to counties under 60.29 this subdivision is subject to the provisions of section 256.017. 60.30 Sec. 30. Minnesota Statutes 1995 Supplement, section 60.31 256D.03, subdivision 2a, is amended to read: 60.32 Subd. 2a. [COUNTY AGENCY OPTIONS.] Any county agency may, 60.33 from its own resources, make payments of general assistance: 60.34 (a) at a standard higher than that established by the 60.35 commissioner without reference to the standards of section 60.36 256D.01, subdivision 1; or (b) to persons not meeting the 61.1 eligibility standards set forth in section 256D.05, subdivision 61.2 1, or 256D.051but for whom the aid would further the purposes 61.3 established in the general assistance program in accordance with 61.4 rules adopted by the commissioner pursuant to the administrative 61.5 procedure act. The Minnesota department of human services may 61.6 maintain client records and issue these payments, providing the 61.7 cost of benefits is paid by the counties to the department of 61.8 human services in accordance with sections 256.01 and 256.025, 61.9 subdivision 3. 61.10 Sec. 31. Minnesota Statutes 1995 Supplement, section 61.11 256D.03, subdivision 3, is amended to read: 61.12 Subd. 3. [GENERAL ASSISTANCE MEDICAL CARE; ELIGIBILITY.] 61.13 (a) General assistance medical care may be paid for any person 61.14 who is not eligible for medical assistance under chapter 256B, 61.15 including eligibility for medical assistance based on a 61.16 spenddown of excess income according to section 256B.056, 61.17 subdivision 5, and: 61.18 (1) who is receiving assistance under section 256D.05 or61.19 256D.051, or who is having a payment made on the person's behalf 61.20 under sections 256I.01 to 256I.06; or 61.21 (2)(i) who is a resident of Minnesota; and whose equity in 61.22 assets is not in excess of $1,000 per assistance unit. No asset 61.23 test shall be applied to children and their parents living in 61.24 the same household. Exempt assets, the reduction of excess 61.25 assets, and the waiver of excess assets must conform to the 61.26 medical assistance program in chapter 256B, with the following 61.27 exception: the maximum amount of undistributed funds in a trust 61.28 that could be distributed to or on behalf of the beneficiary by 61.29 the trustee, assuming the full exercise of the trustee's 61.30 discretion under the terms of the trust, must be applied toward 61.31 the asset maximum; and 61.32 (ii) who has countable income not in excess of the 61.33 assistance standards established in section 256B.056, 61.34 subdivision 4, or whose excess income is spent down pursuant to 61.35 section 256B.056, subdivision 5, using a six-month budget 61.36 period, except that a one-month budget period must be used for 62.1 recipients residing in a long-term care facility. The method 62.2 for calculating earned income disregards and deductions for a 62.3 person who resides with a dependent child under age 21 shall be 62.4 as specified in section 256.74, subdivision 1. However, if a 62.5 disregard of $30 and one-third of the remainder described in 62.6 section 256.74, subdivision 1, clause (4), has been applied to 62.7 the wage earner's income, the disregard shall not be applied 62.8 again until the wage earner's income has not been considered in 62.9 an eligibility determination for general assistance, general 62.10 assistance medical care, medical assistance, or aid to families 62.11 with dependent children for 12 consecutive months. The earned 62.12 income and work expense deductions for a person who does not 62.13 reside with a dependent child under age 21 shall be the same as 62.14 the method used to determine eligibility for a person under 62.15 section 256D.06, subdivision 1, except the disregard of the 62.16 first $50 of earned income is not allowed; or 62.17 (3) who would be eligible for medical assistance except 62.18 that the person resides in a facility that is determined by the 62.19 commissioner or the federal health care financing administration 62.20 to be an institution for mental diseases. 62.21 (b) Eligibility is available for the month of application, 62.22 and for three months prior to application if the person was 62.23 eligible in those prior months. A redetermination of 62.24 eligibility must occur every 12 months. 62.25 (c) General assistance medical care is not available for a 62.26 person in a correctional facility unless the person is detained 62.27 by law for less than one year in a county correctional or 62.28 detention facility as a person accused or convicted of a crime, 62.29 or admitted as an inpatient to a hospital on a criminal hold 62.30 order, and the person is a recipient of general assistance 62.31 medical care at the time the person is detained by law or 62.32 admitted on a criminal hold order and as long as the person 62.33 continues to meet other eligibility requirements of this 62.34 subdivision. 62.35 (d) General assistance medical care is not available for 62.36 applicants or recipients who do not cooperate with the county 63.1 agency to meet the requirements of medical assistance. 63.2 (e) In determining the amount of assets of an individual, 63.3 there shall be included any asset or interest in an asset, 63.4 including an asset excluded under paragraph (a), that was given 63.5 away, sold, or disposed of for less than fair market value 63.6 within the 60 months preceding application for general 63.7 assistance medical care or during the period of eligibility. 63.8 Any transfer described in this paragraph shall be presumed to 63.9 have been for the purpose of establishing eligibility for 63.10 general assistance medical care, unless the individual furnishes 63.11 convincing evidence to establish that the transaction was 63.12 exclusively for another purpose. For purposes of this 63.13 paragraph, the value of the asset or interest shall be the fair 63.14 market value at the time it was given away, sold, or disposed 63.15 of, less the amount of compensation received. For any 63.16 uncompensated transfer, the number of months of ineligibility, 63.17 including partial months, shall be calculated by dividing the 63.18 uncompensated transfer amount by the average monthly per person 63.19 payment made by the medical assistance program to skilled 63.20 nursing facilities for the previous calendar year. The 63.21 individual shall remain ineligible until this fixed period has 63.22 expired. The period of ineligibility may exceed 30 months, and 63.23 a reapplication for benefits after 30 months from the date of 63.24 the transfer shall not result in eligibility unless and until 63.25 the period of ineligibility has expired. The period of 63.26 ineligibility begins in the month the transfer was reported to 63.27 the county agency, or if the transfer was not reported, the 63.28 month in which the county agency discovered the transfer, 63.29 whichever comes first. For applicants, the period of 63.30 ineligibility begins on the date of the first approved 63.31 application. 63.32 (f)(1) Beginning October 1, 1993, an undocumented alien or 63.33 a nonimmigrant is ineligible for general assistance medical care 63.34 other than emergency services. For purposes of this 63.35 subdivision, a nonimmigrant is an individual in one or more of 63.36 the classes listed in United States Code, title 8, section 64.1 1101(a)(15), and an undocumented alien is an individual who 64.2 resides in the United States without the approval or 64.3 acquiescence of the Immigration and Naturalization Service. 64.4 (2) This subdivision does not apply to a child under age 64.5 18, to a Cuban or Haitian entrant as defined in Public Law 64.6 Number 96-422, section 501(e)(1) or (2)(a), or to an alien who 64.7 is aged, blind, or disabled as defined in United States Code, 64.8 title 42, section 1382c(a)(1). 64.9 (3) For purposes of paragraph (f), "emergency services" has 64.10 the meaning given in Code of Federal Regulations, title 42, 64.11 section 440.255(b)(1), except that it also means services 64.12 rendered because of suspected or actual pesticide poisoning. 64.13 Sec. 32. Minnesota Statutes 1995 Supplement, section 64.14 256D.05, subdivision 1, is amended to read: 64.15 Subdivision 1. [ELIGIBILITY.] (a) Each person or family 64.16 whose income and resources are less than the standard of 64.17 assistance established by the commissioner and who is a resident 64.18 of the state shall be eligible for and entitled to general 64.19 assistance if the person or family is: 64.20 (1) a person who is suffering from a professionally 64.21 certified permanent or temporary illness, injury, or incapacity 64.22 which is expected to continue for more than 30 days and which 64.23 prevents the person from obtaining or retaining employment; 64.24 (2) a person whose presence in the home on a substantially 64.25 continuous basis is required because of the professionally 64.26 certified illness, injury, incapacity, or the age of another 64.27 member of the household; 64.28 (3) a person who has been placed in, and is residing in, a 64.29 licensed or certified facility for purposes of physical or 64.30 mental health or rehabilitation, or in an approved chemical 64.31 dependency domiciliary facility, if the placement is based on 64.32 illness or incapacity and is pursuant to a plan developed or 64.33 approved by the county agency through its director or designated 64.34 representative; 64.35 (4) a person who resides in a shelter facility described in 64.36 subdivision 3; 65.1 (5) a person not described in clause (1) or (3) who is 65.2 diagnosed by a licensed physician, psychological practitioner, 65.3 or other qualified professional, as mentally retarded or 65.4 mentally ill, and that condition prevents the person from 65.5 obtaining or retaining employment; 65.6 (6) a person who has an application pending for, or is 65.7 appealing termination of benefits from, the social security 65.8 disability program or the program of supplemental security 65.9 income for the aged, blind, and disabled, provided the person 65.10 has a professionally certified permanent or temporary illness, 65.11 injury, or incapacity which is expected to continue for more 65.12 than 30 days and which prevents the person from obtaining or 65.13 retaining employment; 65.14 (7) a person who is unable to obtain or retain employment 65.15 because advanced age significantly affects the person's ability 65.16 to seek or engage in substantial work; 65.17 (8) a person who has been assessed by a vocational 65.18 specialist and, in consultation with the county agency, has been 65.19 determined to be unemployable for purposes of this item, a 65.20 person is considered employable if there exist positions of 65.21 employment in the local labor market, regardless of the current 65.22 availability of openings for those positions, that the person is 65.23 capable of performing. The person's eligibility under this 65.24 category must be reassessed at least annually. The county 65.25 agency must provide notice to the person not later than 30 days 65.26 before annual eligibility under this item ends, informing the 65.27 person of the date annual eligibility will end and the need for 65.28 vocational assessment if the person wishes to continue 65.29 eligibility under this clause. For purposes of establishing 65.30 eligibility under this clause, it is the applicant's or 65.31 recipient's duty to obtain any needed vocational assessment; 65.32 (9) a person who is determined by the county agency, in 65.33 accordance with permanent rules adopted by the commissioner, to 65.34 be learning disabled, provided that if a rehabilitation plan for 65.35 the person is developed or approved by the county agency, the 65.36 person is following the plan; 66.1 (10) a child under the age of 18 who is not living with a 66.2 parent, stepparent, or legal custodian, but only if: the child 66.3 is legally emancipated or living with an adult with the consent 66.4 of an agency acting as a legal custodian; the child is at least 66.5 16 years of age and the general assistance grant is approved by 66.6 the director of the county agency or a designated representative 66.7 as a component of a social services case plan for the child; or 66.8 the child is living with an adult with the consent of the 66.9 child's legal custodian and the county agency. For purposes of 66.10 this clause, "legally emancipated" means a person under the age 66.11 of 18 years who: (i) has been married; (ii) is on active duty 66.12 in the uniformed services of the United States; (iii) has been 66.13 emancipated by a court of competent jurisdiction; or (iv) is 66.14 otherwise considered emancipated under Minnesota law, and for 66.15 whom county social services has not determined that a social 66.16 services case plan is necessary, for reasons other than that the 66.17 child has failed or refuses to cooperate with the county agency 66.18 in developing the plan; 66.19 (11) a woman in the last trimester of pregnancy who does 66.20 not qualify for aid to families with dependent children. A 66.21 woman who is in the last trimester of pregnancy who is currently 66.22 receiving aid to families with dependent children may be granted 66.23 emergency general assistance to meet emergency needs; 66.24 (12) a person who is eligible for displaced homemaker 66.25 services, programs, or assistance under section 268.96, but only 66.26 if that person is enrolled as a full-time student; 66.27 (13) a person who lives more than two hours round-trip 66.28 traveling time from any potential suitable employment; 66.29 (14) a person who is involved with protective or 66.30 court-ordered services that prevent the applicant or recipient 66.31 from working at least four hours per day; 66.32 (15)(i) a family as defined in section 256D.02, subdivision 66.33 5, which is ineligible for the aid to families with dependent 66.34 children program. 66.35 (ii) unless all adults in the family areexempt under 66.36 section 256D.051, subdivision 3a, oneeach adult in the family67.1 unit must participate in and cooperate with the food stamp 67.2 employment and training program under section 256D.051 each 67.3 month that the familyunit receives general assistance 67.4 benefits. If the household contains more than one nonexempt67.5 adult, the adults may determine which adult must participate.67.6 The designation may be changed once annually at the annual67.7 redetermination of eligibility. If no designation is made or if67.8 the adults cannot agree, the county agency shall designate the67.9 adult having earned the greater of the incomes, including67.10 in-kind income, during the 24-month period immediately preceding67.11 the month of application for general assistance, as the adult67.12 that must participate. When there are no earnings or when67.13 earnings are identical for each adult, the county agency shall67.14 designate which adult must participate.The recipient's 67.15 participation must begin onno later than the first day of the 67.16 first full month following the determination of eligibility for 67.17 general assistance benefits. To the extent of available 67.18 resources, and with the county agency's consent, the recipient 67.19 may voluntarily continue to participate in food stamp employment 67.20 and training services for up to three additional consecutive 67.21 months immediately following termination of general assistance 67.22 benefits in order to complete the provisions of the recipient's 67.23 employability development plan. If thean adult member fails 67.24 without good cause to participate in or cooperate with the food 67.25 stamp employment and training program, the county agency shall 67.26 concurrently terminate that person's eligibility for general 67.27 assistance and food stamps for two months or until compliance is 67.28 achieved, whichever is shorter, using the notice, good cause, 67.29 conciliation and termination procedures specified in section 67.30 256D.051; or 67.31 (16) a person over age 18 whose primary language is not 67.32 English and who is attending high school at least half time. 67.33 (b) Persons or families who are not state residents but who 67.34 are otherwise eligible for general assistance may receive 67.35 emergency general assistance to meet emergency needs. 67.36 (c) As a condition of eligibility under paragraph (a), 68.1 clauses (1), (3), (5), (8), and (9), the recipient must complete 68.2 an interim assistance agreement and must apply for other 68.3 maintenance benefits as specified in section 256D.06, 68.4 subdivision 5, and must comply with efforts to determine the 68.5 recipient's eligibility for those other maintenance benefits. 68.6 (d) The burden of providing documentation for a county 68.7 agency to use to verify eligibility for general assistance or 68.8 for exemption from the food stamp employment and training 68.9 program is upon the applicant or recipient. The county agency 68.10 shall use documents already in its possession to verify 68.11 eligibility, and shall help the applicant or recipient obtain 68.12 other existing verification necessary to determine eligibility 68.13 which the applicant or recipient does not have and is unable to 68.14 obtain. 68.15 Sec. 33. Minnesota Statutes 1995 Supplement, section 68.16 256D.051, subdivision 1, is amended to read: 68.17 Subdivision 1. [FOOD STAMP EMPLOYMENT AND TRAINING 68.18 PROGRAM.] The commissioner shall implement a food stamp 68.19 employment and training program in order to meet the food stamp 68.20 employment and training participation requirements of the United 68.21 States Department of Agriculture. Unless all adult members of68.22 the food stamp household areexempt under subdivision 3a, one68.23 nonexempteach adult recipient in each householdthe unit must 68.24 participate in the food stamp employment and training program 68.25 each month that the householdperson is eligible for food stamps 68.26 , up to a maximum period of six calendar months during any 1268.27 consecutive calendar month period. If the household contains68.28 more than one nonexempt adult, the adults may determine which68.29 adult must participate. The designation may be changed only68.30 once annually at the annual redetermination of eligibility. If68.31 no designation is made or if the adults cannot agree, the county68.32 agency shall designate the adult having earned the greater of68.33 the incomes, including in-kind income, during the 24-month68.34 period immediately preceding the month of application for food68.35 stamp benefits, as the adult that must participate. When there68.36 are no earnings or when earnings are identical for each adult,69.1 the county agency shall designate the adult that must69.2 participate. The person's participation in food stamp 69.3 employment and training services must begin onno later than the 69.4 first day of the calendar month following the datedetermination 69.5 of eligibility for food stamps. With the county agency's 69.6 consent, and to the extent of available resources, the person 69.7 may voluntarily continue to participate in food stamp employment 69.8 and training services for up to three additional consecutive 69.9 months immediately following the end of the six-month mandatory69.10 participation periodtermination of food stamp benefits in order 69.11 to complete the provisions of the person's employability 69.12 development plan. 69.13 Sec. 34. Minnesota Statutes 1995 Supplement, section 69.14 256D.051, subdivision 6, is amended to read: 69.15 Subd. 6. [SERVICE COSTS.] Within the limits of available 69.16 resources, the commissioner shall reimburse county agency 69.17 expenditures for providing food stamp employment and training 69.18 services including direct participation expenses and 69.19 administrative costs. State food stamp employment and training 69.20 funds shall be used only to pay the county agency's and food 69.21 stamp employment and training service provider's actual costs of 69.22 providing participant support services, direct program services, 69.23 and program administrative costs for persons who participate in 69.24 such employment and training services. The average annual 69.25 reimbursable cost for providing food stamp employment and 69.26 training services to a recipient for whom an individualized 69.27 employability development plan is not completed must not exceed 69.28 $60 for the food stamp employment and training services, and 69.29 $240$340 for necessary recipient support services such as 69.30 transportation or child care needed to participate in food stamp 69.31 employment and training program. If an individualized 69.32 employability development plan has been completed, the average 69.33 annual reimbursable cost for providing food stamp employment and 69.34 training services must not exceed $300$400 for all services and 69.35 costs necessary to implement the plan, including the costs of 69.36 training, employment search assistance, placement, work 70.1 experience, on-the-job training, other appropriate activities, 70.2 the administrative and program costs incurred in providing these 70.3 services, and necessary recipient support services such as 70.4 tools, clothing, and transportation needed to participate in 70.5 food stamp employment and training services. The county agency 70.6 may expend additional county funds over and above the dollar 70.7 limits of this subdivision without state reimbursement. 70.8 Sec. 35. Minnesota Statutes 1995 Supplement, section 70.9 256D.055, is amended to read: 70.10 256D.055 [COUNTY DESIGN; WORK FOCUSED PROGRAM.] 70.11 The commissioner of human services shall issue a request 70.12 for proposals from counties to submit a plan for developing and 70.13 implementing a county-designed program. The plan shall be for 70.14 first-time applicants for aid to families with dependent 70.15 children (AFDC) and family general assistance (FGA) and must 70.16 emphasize the importance of becoming employed and oriented into 70.17 the work force in order to become self-sufficient. The plan 70.18 must target public assistance applicants who are most likely to 70.19 become self-sufficient quickly with short-term assistance or 70.20 services such as child care, child support enforcement, or 70.21 employment and training services. 70.22 The plan may include vendor payments, mandatory job search, 70.23 refocusing existing county or provider efforts, or other program 70.24 features. The commissioner may approve a county plan which 70.25 allows a county to use other program funding for the county work 70.26 focus program in a more flexible manner. Nothing in this 70.27 section shall allow payments made to the public assistance 70.28 applicant to be less than the amount the applicant would have 70.29 received if the program had not been implemented, or reduce or 70.30 eliminate a category of eligible participants from the program 70.31 without legislative approval. 70.32 The commissioner shall not approve a county plan that would 70.33 have an adverse impact on the Minnesota family investment plan 70.34 demonstration. If the plan is approved by the commissioner, the 70.35 county may implement the plan. If the plan is approved by the 70.36 commissioner, but a federal waiver is necessary to implement the 71.1 plan, the commissioner shall apply for the necessary federal 71.2 waivers. If by July 1, 1996, at least four counties have not71.3 proposed a work focused plan, the commissioner of human services71.4 may pursue the work first plan as provided under sections71.5 256.7351 to 256.7359. However, a county with a work focus plan71.6 that has been approved under this section may implement the plan.71.7 Sec. 36. Minnesota Statutes 1994, section 256D.06, is 71.8 amended by adding a subdivision to read: 71.9 Subd. 8. [RECOVERY OF ATM ERRORS.] For recipients 71.10 receiving benefits via electronic benefit transfer, if the 71.11 recipient is overpaid as a result of an automated teller machine 71.12 (ATM) dispensing funds in error to the recipient, the agency may 71.13 recover the ATM error by immediately withdrawing funds from the 71.14 recipient's electronic benefit transfer account, up to the 71.15 amount of the error. 71.16 Sec. 37. Minnesota Statutes 1995 Supplement, section 71.17 256D.09, subdivision 1, is amended to read: 71.18 Subdivision 1. [PRESUMPTIVE ELIGIBILITY; VENDORPAYMENTS.] 71.19 Until the county agency has determined the initial eligibility 71.20 of the applicant in accordance with section 256D.07 or 256D.051, 71.21 grants for emergency general assistance must be in the form of 71.22 vouchers or vendor payments unless the county agency determines 71.23 that a cash grant will best resolve the applicant's need for 71.24 emergency assistance. Thereafter, grants of general assistance 71.25 must be paid in cash, by electronic benefit transfer, or by 71.26 direct deposit into the recipient's account in a financial 71.27 institution, on the first day of the month, except as allowed in 71.28 this section. 71.29 Sec. 38. Minnesota Statutes 1994, section 256D.10, is 71.30 amended to read: 71.31 256D.10 [HEARINGS PRIOR TO REDUCTION; TERMINATION; 71.32 SUSPENSION OF GENERAL ASSISTANCE GRANTS.] 71.33 No grant of general assistance except one made pursuant to 71.34 section 256D.06, subdivision 2; 256D.051, subdivisions 1,71.35 paragraph (d), and 1a, paragraph (b);or 256D.08, subdivision 2, 71.36 shall be reduced, terminated or suspended unless the recipient 72.1 receives notice and is afforded an opportunity to be heard prior 72.2 to any action by the county agency. 72.3 Nothing herein shall deprive a recipient of the right to 72.4 full administrative and judicial review of an order or 72.5 determination of a county agency as provided for in section 72.6 256.045 subsequent to any action taken by a county agency after 72.7 a prior hearing. 72.8 Sec. 39. Minnesota Statutes 1994, section 256D.49, 72.9 subdivision 3, is amended to read: 72.10 Subd. 3. [OVERPAYMENT OF MONTHLY GRANTS AND RECOVERY OF 72.11 ATM ERRORS.] When the county agency determines that an 72.12 overpayment of the recipient's monthly payment of Minnesota 72.13 supplemental aid has occurred, it shall issue a notice of 72.14 overpayment to the recipient. If the person is no longer 72.15 receiving Minnesota supplemental aid, the county agency may 72.16 request voluntary repayment or pursue civil recovery. If the 72.17 person is receiving Minnesota supplemental aid, the county 72.18 agency shall recover the overpayment by withholding an amount 72.19 equal to three percent of the standard of assistance for the 72.20 recipient or the total amount of the monthly grant, whichever is 72.21 less. For recipients receiving benefits via electronic benefit 72.22 transfer, if the overpayment is a result of an automated teller 72.23 machine (ATM) dispensing funds in error to the recipient, the 72.24 agency may recover the ATM error by immediately withdrawing 72.25 funds from the recipient's electronic benefit transfer account, 72.26 up to the amount of the error. Residents of nursing homes, 72.27 regional treatment centers, and facilities with negotiated rates 72.28 shall not have overpayments recovered from their personal needs 72.29 allowance. 72.30 Sec. 40. Minnesota Statutes 1994, section 256E.08, 72.31 subdivision 8, is amended to read: 72.32 Subd. 8. [REPORTING BY COUNTIES.] Beginning in calendar 72.33 year 1980 each county shall submit to the commissioner of human 72.34 services a financial accounting of the county's community social 72.35 services fund, and other data required by the commissioner under 72.36 section 256E.05, subdivision 3, paragraph (g), shall include: 73.1 (a) A detailed statement of income and expenses 73.2 attributable to the fund in the preceding quarter; and 73.3 (b) A statement of the source and application of all money 73.4 used for social services programs by the county during the 73.5 preceding quarter, including the number of clients served and73.6 expenditures for each service provided, as required by the 73.7 commissioner of human services. 73.8 In addition, each county shall submit to the commissioner 73.9 of human services no later than February 15 of each year, a 73.10 detailed balance sheet of the community social development fund 73.11 for the preceding calendar year. 73.12 If county boards have joined or designated human service 73.13 boards for purposes of providing community social services 73.14 programs, the county boards may submit a joint statement or the 73.15 human service board shall submit the statement, as applicable. 73.16 Sec. 41. Minnesota Statutes 1994, section 336.3-206, is 73.17 amended to read: 73.18 336.3-206 [RESTRICTIVE ENDORSEMENT.] 73.19 (a) An endorsement limiting payment to a particular person 73.20 or otherwise prohibiting further transfer or negotiation of the 73.21 instrument is not effective to prevent further transfer or 73.22 negotiation of the instrument. 73.23 (b) An endorsement stating a condition to the right of the 73.24 endorsee to receive payment does not affect the right of the 73.25 endorsee to enforce the instrument. A person paying the 73.26 instrument or taking it for value or collection may disregard 73.27 the condition, and the rights and liabilities of that person are 73.28 not affected by whether the condition has been fulfilled. 73.29 (c) If an instrument bears an endorsement (i) described in 73.30 section 336.4-201(b), or (ii) in blank or to a particular bank 73.31 using the words "for deposit," "for collection," or other words 73.32 indicating a purpose of having the instrument collected by a 73.33 bank for the endorser or for a particular account, the following 73.34 rules apply: 73.35 (1) A person, other than a bank, who purchases the 73.36 instrument when so endorsed converts the instrument unless the 74.1 amount paid for the instrument is received by the endorser or 74.2 applied consistently with the endorsement. 74.3 (2) A depositary bank that purchases the instrument or 74.4 takes it for collection when so endorsed converts the instrument 74.5 unless the amount paid by the bank with respect to the 74.6 instrument is received by the endorser or applied consistently 74.7 with the endorsement. 74.8 (3) A payor bank that is also the depositary bank or that 74.9 takes the instrument for immediate payment over the counter from 74.10 a person other than a collecting bank converts the instrument 74.11 unless the proceeds of the instrument are received by the 74.12 endorser or applied consistently with the endorsement. 74.13 (4) Except as otherwise provided in paragraph (3), a payor 74.14 bank or intermediary bank may disregard the endorsement and is 74.15 not liable if the proceeds of the instrument are not received by 74.16 the endorser or applied consistently with the endorsement. 74.17 (d) Except for an endorsement covered by subsection (c), if 74.18 an instrument bears an endorsement using words to the effect 74.19 that payment is to be made to the endorsee as agent, trustee, or 74.20 other fiduciary for the benefit of the endorser or another 74.21 person, the following rules apply: 74.22 (1) Unless there is notice of breach of fiduciary duty as 74.23 provided in section 336.3-307, a person who purchases the 74.24 instrument from the endorsee or takes the instrument from the 74.25 endorsee for collection or payment may pay the proceeds of 74.26 payment or the value given for the instrument to the endorsee 74.27 without regard to whether the endorsee violates a fiduciary duty 74.28 to the endorser. 74.29 (2) A subsequent transferee of the instrument or person who 74.30 pays the instrument is neither given notice nor otherwise 74.31 affected by the restriction in the endorsement unless the 74.32 transferee or payor knows that the fiduciary dealt with the 74.33 instrument or its proceeds in breach of fiduciary duty. 74.34 (e) The presence on an instrument of an endorsement to 74.35 which this section applies does not prevent a purchaser of the 74.36 instrument from becoming a holder in due course of the 75.1 instrument unless the purchaser is a converter under subsection 75.2 (c) or has notice or knowledge of breach of fiduciary duty as 75.3 stated in subsection (d). 75.4 (f) In an action to enforce the obligation of a party to 75.5 pay the instrument, the obligor has a defense if payment would 75.6 violate an endorsement to which this section applies and the 75.7 payment is not permitted by this section. 75.8 (g) Nothing in this section prohibits or limits the 75.9 effectiveness of a restrictive endorsement made under section 75.10 256.9831, subdivision 3. 75.11 Sec. 42. [WAIVER AUTHORITY.] 75.12 The commissioner of human services shall seek federal 75.13 waivers as necessary to implement sections 12 and 14. 75.14 Sec. 43. [SEVERABILITY.] 75.15 If any provision of sections 12, 14, or 28 is found to be 75.16 unconstitutional or void by a court of competent jurisdiction, 75.17 all remaining provisions of the law shall remain valid and shall 75.18 be given full effect. 75.19 Sec. 44. [APPROPRIATION.] 75.20 $450,000 is appropriated from the general fund to the 75.21 commissioner of human services for the fiscal year ending June 75.22 30, 1997, to be added to the AFDC child care entitlement fund to 75.23 provide child care for two-parent families that are mandatory 75.24 participants under Minnesota Statutes, chapter 256. 75.25 Sec. 45. [REPEALER.] 75.26 Minnesota Statutes 1994, section 256.736, subdivisions 10b 75.27 and 11; Minnesota Statutes 1995 Supplement, section 256.736, 75.28 subdivision 13, are repealed. 75.29 Sec. 46. [EFFECTIVE DATE.] 75.30 Sections 29 to 31 and 38 are retroactive to July 1, 1995. 75.31 ARTICLE 4 75.32 CHILD CARE 75.33 Section 1. [APPROPRIATION.] 75.34 $5,000,000 is appropriated from the general fund to the 75.35 commissioner of children, families, and learning for purposes of 75.36 increasing the funding to the basic sliding fee child care 76.1 program under Minnesota Statutes, section 256H.03, to be 76.2 available for the fiscal year ending June 30, 1997. 76.3 ARTICLE 5 76.4 HEALTH PLAN PROVISIONS 76.5 Section 1. Minnesota Statutes 1994, section 62A.047, is 76.6 amended to read: 76.7 62A.047 [CHILDREN'S HEALTH SUPERVISION SERVICES AND 76.8 PRENATAL CARE SERVICES.] 76.9 A policy of individual or group health and accident 76.10 insurance regulated under this chapter, or individual or group 76.11 subscriber contract regulated under chapter 62C, health 76.12 maintenance contract regulated under chapter 62D, or health 76.13 benefit certificate regulated under chapter 64B, issued, 76.14 renewed, or continued to provide coverage to a Minnesota 76.15 resident, must provide coverage for child health supervision 76.16 services and prenatal care services. The policy, contract, or 76.17 certificate must specifically exempt reasonable and customary 76.18 charges for child health supervision services and prenatal care 76.19 services from a deductible, copayment, or other coinsurance or 76.20 dollar limitation requirement. This section does not prohibit 76.21 the use of policy waiting periods or preexisting condition 76.22 limitations for these services. Minimum benefits may be limited 76.23 to one visit payable to one provider for all of the services 76.24 provided at each visit cited in this section subject to the 76.25 schedule set forth in this section. Nothing in this section 76.26 applies to a commercial health insurance policy issued as a 76.27 companion to a health maintenance organization contract, a 76.28 policy designed primarily to provide coverage payable on a per 76.29 diem, fixed indemnity, or nonexpense incurred basis, or a policy 76.30 that provides only accident coverage. 76.31 "Child health supervision services" means pediatric 76.32 preventive services, appropriate immunizations, developmental 76.33 assessments, and laboratory services appropriate to the age of a 76.34 child from birth to age six, and appropriate immunizations from 76.35 ages six to 18, as defined by Standards of Child Health Care 76.36 issued by the American Academy of Pediatrics. Reimbursement 77.1 must be made for at least five child health supervision visits 77.2 from birth to 12 months, three child health supervision visits 77.3 from 12 months to 24 months, once a year from 24 months to 72 77.4 months. 77.5 "Prenatal care services" means the comprehensive package of 77.6 medical and psychosocial support provided throughout the 77.7 pregnancy, including risk assessment, serial surveillance, 77.8 prenatal education, and use of specialized skills and 77.9 technology, when needed, as defined by Standards for 77.10 Obstetric-Gynecologic Services issued by the American College of 77.11 Obstetricians and Gynecologists. 77.12 Sec. 2. [62A.265] [COVERAGE FOR LYME DISEASE.] 77.13 Subdivision 1. [REQUIRED COVERAGE.] Every health plan, 77.14 including a plan providing the coverage specified in section 77.15 62A.011, subdivision 3, clause (10), must cover treatment for 77.16 diagnosed Lyme disease. 77.17 Subd. 2. [SPECIAL RESTRICTIONS PROHIBITED.] No health plan 77.18 included in subdivision 1 may impose a special deductible, 77.19 copayment, waiting period, or other special restriction on 77.20 treatment for Lyme disease that the health plan does not apply 77.21 to nonpreventive treatment in general. 77.22 Sec. 3. [EFFECTIVE DATE.] 77.23 Sections 1 and 2 are effective August 1, 1996, and applies 77.24 to all health plans providing coverage to a Minnesota resident, 77.25 issued, renewed, or continued on or after that date.