1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
Engrossments | ||
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1st Engrossment | Posted on 08/14/1998 |
1.1 A bill for an act 1.2 relating to human services; directing the commissioner 1.3 to present a proposal to modify the Minnesota family 1.4 investment plan program for statewide implementation; 1.5 allowing recovery of ATM overpayments; defining 1.6 Intensive ESL; adding provisions for family support 1.7 agreement; creating a new intensive employment program 1.8 for recipients of assistance; changing residency 1.9 requirements for MA; changing provisions in MFIP, 1.10 AFDC, GAMC, food stamp employment and training; 1.11 requiring a proposal for modifying the child care 1.12 fund; crediting the MNJOBS program; appropriating 1.13 money; amending Minnesota Statutes 1994, sections 1.14 256.031, by adding a subdivision; 256.033, by adding a 1.15 subdivision; 256.034, by adding a subdivision; 1.16 256.035, subdivisions 1 and 6a; 256.73, subdivision 1, 1.17 and by adding subdivisions; 256.736, subdivisions 1a, 1.18 3b, 4, and 12; 256B.056, subdivision 1; 256D.06, by 1.19 adding a subdivision; 256D.10; 256D.49, subdivision 3; 1.20 and 256E.08, subdivision 8; Minnesota Statutes 1995 1.21 Supplement, sections 256.0475, by adding a 1.22 subdivision; 256.048, subdivisions 1, 6, and 13; 1.23 256.73, subdivision 8; 256.736, subdivisions 10, 10a, 1.24 and 14; 256.81; 256D.02, subdivision 12a; 256D.03, 1.25 subdivisions 2, 2a, and 3; 256D.05, subdivision 1; 1.26 256D.051, subdivisions 1 and 6; 256D.055; and 256D.09, 1.27 subdivision 1; proposing coding for new law in 1.28 Minnesota Statutes, chapter 256; repealing Minnesota 1.29 Statutes 1994, section 256.12, subdivision 22; 1.30 Minnesota Statutes 1995 Supplement, section 256.736, 1.31 subdivisions 10b, 11, and 13. 1.32 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.33 ARTICLE 1 1.34 MFIP AND INCOME ASSISTANCE CHANGES 1.35 Section 1. [LEGISLATIVE POLICY.] 1.36 Subdivision 1. [LEGISLATIVE FINDINGS.] The legislature 1.37 recognizes that: 1.38 (1) changes in federal law and federal funding necessitate 2.1 changes to Minnesota's public assistance programs; 2.2 (2) Minnesota is in the process of testing and evaluating 2.3 the Minnesota family investment plan, a program that will change 2.4 public assistance programs in Minnesota; and 2.5 (3) the Minnesota family investment plan embodies the 2.6 principles that should guide Minnesota in implementing changes 2.7 necessitated by federal law and federal funding. 2.8 Subd. 2. [WELFARE REFORM PROPOSAL.] (a) The commissioner 2.9 shall present the 1997 legislature with a proposal to modify the 2.10 Minnesota family investment plan for statewide implementation. 2.11 The proposed program must be designed around the following goals: 2.12 (1) to support work; 2.13 (2) to foster personal responsibility; 2.14 (3) to support the family; 2.15 (4) to simplify the welfare system; 2.16 (5) to prevent dependency; and 2.17 (6) to enable families to achieve sustained 2.18 self-sufficiency. 2.19 (b) The proposed program shall provide assistance to all 2.20 families with minor children and individuals who meet program 2.21 eligibility rules and comply with program requirements and may 2.22 set limits on the number of years or months of assistance. 2.23 (c) In designing the proposal, the commissioner shall 2.24 consider: 2.25 (1) evaluation results from the Minnesota family investment 2.26 plan; and 2.27 (2) program and fiscal analysis of the impact of federal 2.28 laws, including proposals to simplify or block grant the food 2.29 stamp program. 2.30 (d) The commissioner shall consider the following 2.31 additional policy options in developing the proposal: 2.32 (1) consolidate all income assistance programs into a 2.33 single program; 2.34 (2) integrate the food stamp program more closely with 2.35 income assistance program; 2.36 (3) provide disregards of earned income that are not time 3.1 limited; 3.2 (4) contingent on inclusion of clause (3), provide an 3.3 initial period of assistance, not to exceed six months, after 3.4 which the grant standard for all assistance units would be 3.5 reduced. After this initial period: 3.6 (i) assistance units in which all adults are incapacitated, 3.7 as defined by the commissioner, would receive a supplement that 3.8 raises the unit's grant standard back to the standard of the 3.9 initial period; 3.10 (ii) assistance units not included in item (i) could earn 3.11 back a portion of the grant reduction by participating in 3.12 employment and training services; and 3.13 (iii) for assistance units not included in item (i), 3.14 earnings equal to the grant reduction would be entirely 3.15 disregarded in determining benefits; 3.16 (5) pay child support directly to custodial parents 3.17 receiving income assistance and budget all or part of the child 3.18 support amount against the income assistance benefit; 3.19 (6) address the question of providing assistance to 3.20 Minnesota residents who are legal noncitizens; 3.21 (7) divert applicants from using public assistance through 3.22 early intervention focused on meeting immediate needs; and 3.23 (8) implement an outcome-based quality assurance program 3.24 that measures the effectiveness of transitional support services 3.25 by defining target groups, program goals, outcome indicators, 3.26 data collection methods, and performance targets. 3.27 Sec. 2. [FEDERAL WELFARE REFORM.] 3.28 If the 104th Congress makes significant policy or funding 3.29 changes that affect income assistance, the commissioner of human 3.30 services shall develop recommendations for the legislature which 3.31 would address these changes. 3.32 ARTICLE 2 3.33 ASSISTANCE PROGRAMS 3.34 Section 1. Minnesota Statutes 1994, section 256.031, is 3.35 amended by adding a subdivision to read: 3.36 Subd. 1a. [USE OF FEDERAL AUTHORITY.] The federal 4.1 authority cited in sections 256.031 to 256.0361 and 256.047 4.2 means United States Code, title 42, sections 601 and 602; 4.3 section 402 of the federal Social Security Act; and Code of 4.4 Federal Regulations, title 45, as constructed on the day prior 4.5 to their federal repeal. 4.6 Sec. 2. Minnesota Statutes 1994, section 256.033, is 4.7 amended by adding a subdivision to read: 4.8 Subd. 6. [RECOVERY OF ATM OVERPAYMENTS.] For recipients 4.9 receiving benefits via electronic benefit transfer, if the 4.10 recipient is overpaid as a result of an automated teller machine 4.11 (ATM) dispensing funds in error to the recipient, the agency may 4.12 recover the overpayment by immediately withdrawing funds from 4.13 the recipient's electronic benefit transfer account, up to the 4.14 amount of the overpayment. 4.15 Sec. 3. Minnesota Statutes 1994, section 256.034, is 4.16 amended by adding a subdivision to read: 4.17 Subd. 6. [PAYMENT METHODS.] Minnesota family investment 4.18 plan grant payments may be issued in the form of warrants 4.19 immediately redeemable in cash, electronic benefits transfer, or 4.20 by direct deposit into the recipient's account in a financial 4.21 institution. 4.22 Sec. 4. Minnesota Statutes 1994, section 256.035, 4.23 subdivision 1, is amended to read: 4.24 Subdivision 1. [EXPECTATIONS.] All families eligible for 4.25 assistance under the family investment plan who are assigned to 4.26 a test group in the evaluation as provided in section 256.031, 4.27 subdivision 3, paragraph (d), are expected to be in transitional 4.28 status as defined in section 256.032, subdivision 12. To be 4.29 considered in transitional status, families must meet the 4.30 following expectations: 4.31 (a) For a family headed by a single adult parental 4.32 caregiver, the expectation is that the parental caregiver will 4.33 independently pursue self-sufficiency until the family has 4.34 received assistance for 24 months within the preceding 36 4.35 months. Beginning with the 25th month of assistance, the parent 4.36 must be developing or complying with the terms of the family 5.1 support agreement. 5.2 (b) For a family with a minor parental caregiver or a 5.3 family whose parental caregiver is 18 or 19 years of age and 5.4 does not have a high school diploma or its equivalent, the 5.5 expectation is that, concurrent with the receipt of assistance, 5.6 the parental caregiver must be developing or complying with a 5.7 family support agreement. The terms of the family support 5.8 agreement must include compliance with section 256.736, 5.9 subdivision 3b. However, if the assistance unit does not comply 5.10 with section 256.736, subdivision 3b, the sanctions in 5.11 subdivision 3 apply. 5.12 (c) For a family with two adult parental caregivers, the 5.13 expectation is that at least one parent will independently 5.14 pursue self-sufficiency until the family has received assistance 5.15 for six months within the preceding 12 months. Beginning with 5.16 the seventh month of assistance, one parent must be developing 5.17 or complying with the terms of the family support agreement. To 5.18 the extent of available resources, the commissioner may require 5.19 that both caregivers in a family with two adult parental 5.20 caregivers, in which the youngest child has attained the age of 5.21 six and is not in kindergarten, must be developing or complying 5.22 with the terms of a family support agreement by the seventh 5.23 month on assistance. 5.24 Sec. 5. Minnesota Statutes 1994, section 256.035, 5.25 subdivision 6a, is amended to read: 5.26 Subd. 6a. [CASE MANAGEMENT SERVICES.] (a) The county 5.27 agency will provide case management services to caregivers 5.28 required to develop and comply with a family support agreement 5.29 as provided in subdivision 1. For minor parents, the 5.30 responsibility of the case manager shall be as defined in 5.31 section 256.736, subdivision 3b. Sanctions for failing to 5.32 develop or comply with the terms of a family support agreement 5.33 shall be imposed according to subdivision 3. When a minor 5.34 parent reaches age 17, or earlier if determined necessary by the 5.35 social service agency, the minor parent shall be referred for 5.36 case management services. 6.1 (b) Case managers shall provide the following services: 6.2 (1) the case manager shall provide or arrange for an 6.3 assessment of the family and caregiver's needs, interests, and 6.4 abilities according to section 256.736, subdivision 11, 6.5 paragraph (a), clause (1); 6.6 (2) the case manager shall coordinate services according to 6.7 section 256.736, subdivision 11, paragraph (a), clause (3); 6.8 (3) the case manager shall develop an employability plan 6.9 according to subdivision 6b; 6.10 (4) the case manager shall develop a family support 6.11 agreement according to subdivision 6c; and 6.12 (5) the case manager shall monitor the caregiver's 6.13 compliance with the employability plan and the family support 6.14 agreement as required by the commissioner. 6.15 (c) Case management counseling and personal assistance 6.16 services may continue for up to six months following the 6.17 caregiver's achievement of employment goals. Funds for specific 6.18 employment and training services may be expended for up to 90 6.19 days after the caregiver loses eligibility for financial 6.20 assistance. 6.21 Sec. 6. Minnesota Statutes 1995 Supplement, section 6.22 256.0475, is amended by adding a subdivision to read: 6.23 Subd. 2a. [INTENSIVE ESL.] "Intensive ESL" means an 6.24 English as a second language program that offers at least 20 6.25 hours of class per week. 6.26 Sec. 7. Minnesota Statutes 1995 Supplement, section 6.27 256.048, subdivision 1, is amended to read: 6.28 Subdivision 1. [EXPECTATIONS.] The requirement for a 6.29 caregiver to develop a family support agreement is tied to the 6.30 structure of the family and the length of time on assistance 6.31 according to paragraphs (a) to (c). 6.32 (a) In a family headed by a single adult parental caregiver 6.33 who has received AFDC, family general assistance, MFIP, or a 6.34 combination of AFDC, family general assistance, and MFIP 6.35 assistance for 12 or more months within the preceding 24 months, 6.36 the parental caregiver must be developing and complying with the 7.1 terms of the family support agreement commencing with the 13th 7.2 month of assistance. 7.3 (b) For a family with a minor parental caregiver or a 7.4 family whose parental caregiver is 18 or 19 years of age and 7.5 does not have a high school diploma or its equivalent, the 7.6 parental caregiver must be developing and complying with a 7.7 family support agreement concurrent with the receipt of 7.8 assistance. The terms of the family support agreement must 7.9 include compliance with section 256.736, subdivision 3b. If the 7.10 parental caregiver fails to comply with the terms of the family 7.11 support agreement, the sanctions in subdivision 4 apply. When 7.12 the requirements in section 256.736, subdivision 3b, have been 7.13 met, a caregiver has fulfilled the caregiver's obligation. 7.14 County agencies must continue to offer MFIP-R services if the 7.15 caregiver wants to continue with an employability plan. 7.16 Caregivers who fulfill the requirements of section 256.736, 7.17 subdivision 3b, are subject to the expectations of paragraphs 7.18 (a) and (c). 7.19 (c) In a family with two adult parental caregivers, at 7.20 least one of whom has received AFDC, family general assistance, 7.21 MFIP, or a combination of AFDC, family general assistance, and 7.22 MFIP assistance for six or more months within the preceding 12 7.23 months, one parental caregiver must be developing and complying 7.24 with the terms of the family support agreement commencing with 7.25 the seventh month of assistance. The family and MFIP-R staff 7.26 will designate the parental caregiver who will develop the 7.27 family support agreement based on which parent has the greater 7.28 potential to increase family income through immediate 7.29 employment. To the extent of available resources, the 7.30 commissioner may require that both caregivers in a family with 7.31 two adult parental caregivers, in which the youngest child has 7.32 attained the age of six and is not in kindergarten, must be 7.33 developing or complying with the terms of a family support 7.34 agreement by the seventh month on assistance. 7.35 Sec. 8. Minnesota Statutes 1995 Supplement, section 7.36 256.048, subdivision 6, is amended to read: 8.1 Subd. 6. [PRE-EMPLOYMENT AND EMPLOYMENT SERVICES.] The 8.2 county agency must provide services identified in clauses (1) to 8.3 (10). Services include: 8.4 (1) a required briefing for all nonmandatory caregivers 8.5 assigned to MFIP-R, which includes a review of the information 8.6 presented at an earlier MFIP-R orientation pursuant to 8.7 subdivision 5, and an overview of services available under 8.8 MFIP-R pre-employment and employment services, an overview of 8.9 job search techniques, and the opportunity to volunteer for 8.10 MFIP-R job search activities and basic education services; 8.11 (2) a briefing for all mandatory caregivers assigned to 8.12 MFIP-R, which includes a review of the information presented at 8.13 an earlier MFIP-R orientation pursuant to subdivision 5, and an 8.14 overview of services available under MFIP-R pre-employment and 8.15 employment services; 8.16 (3) an MFIP assessment that meets the requirements of 8.17 section 256.736, subdivision 10, paragraph (a), clause (14), and 8.18 addresses caregivers' skills, abilities, interests, and needs; 8.19 (4) development, together with the caregiver, of an 8.20 employability plan and family support agreement according to 8.21 subdivision 7; 8.22 (5) coordination of services including child care, 8.23 transportation, education assistance, and social services 8.24 necessary to enable caregivers to fulfill the terms of the 8.25 employability plan and family support agreement; 8.26 (6) provision offull-time English as a second language8.27(intensive ESL)classes; 8.28 (7) provision of a broad range of employment and 8.29 pre-employment services including basic skills testing, interest 8.30 and aptitude testing, career exploration, job search activities, 8.31 community work experience program under section 256.737, or 8.32 on-the-job training under section 256.738; 8.33 (8) evaluation of the caregiver's compliance with the 8.34 employability plan and family support agreement and support and 8.35 recognition of progress toward employment goals; 8.36 (9) provision of postemployment follow-up for up to six 9.1 months after caregivers become exempt or exit MFIP-R due to 9.2 employment if requested by the caregiver; and 9.3 (10) approval of education and training program activities. 9.4 Sec. 9. Minnesota Statutes 1995 Supplement, section 9.5 256.048, subdivision 13, is amended to read: 9.6 Subd. 13. [EDUCATION AND TRAINING ACTIVITIES; BASIC 9.7 EDUCATION.] Basic education, including adult basic education, 9.8 high school or general equivalency diploma, or ESLmay be 9.9 included in the family support agreement when a caregiver is 9.10 actively participating in job search activities as specified in 9.11 the family support agreement, or employed at least 12 hours per 9.12 week. The concurrent work requirement for basic education does 9.13 not apply to caregivers under subdivision 1, paragraph (b), who 9.14 are attending secondary school full time. Six months of basic 9.15 education activities may be included in the family support 9.16 agreement, and extension of basic education activities, 9.17 including intensive ESL, is contingent upon review and approval 9.18 by MFIP-R staff. 9.19 Non-English-speaking caregivers have the option to 9.20 participate infull-timeintensive ESL activities for up to six 9.21 monthsprior to participation in job searchwith approval of 9.22 MFIP-R staff, provided the caregiver also works or participates 9.23 in job search. For caregivers participating in intensive ESL, 9.24 hours spent in intensive ESL, employment, and job search must 9.25 equal at least 30 hours per week, or 20 hours per week for a 9.26 single parent caregiver with a child under age six. 9.27 Sec. 10. Minnesota Statutes 1994, section 256.73, 9.28 subdivision 1, is amended to read: 9.29 Subdivision 1. [DEPENDENT CHILDREN.] Assistance shall be 9.30 given under sections 256.72 to 256.87 to or on behalf of any 9.31 dependent child who: 9.32 (1)ResidesHas resided in Minnesota for at least 30 days 9.33 or, if residing in the state for less than 30 days, the child or 9.34 the child's caretaker relative meets one of the criteria 9.35 specified in subdivision 1a; 9.36 (2) Is otherwise eligible; the child shall not be denied 10.1 aid because of conditions of the home in which the child resides. 10.2 Sec. 11. Minnesota Statutes 1994, section 256.73, is 10.3 amended by adding a subdivision to read: 10.4 Subd. 1a. [RESIDENCY CRITERIA.] A child or caretaker 10.5 relative who has resided in Minnesota for less than 30 days is 10.6 considered to be a Minnesota resident if: 10.7 (1) either the child or the caretaker relative was born in 10.8 the state; 10.9 (2) either the child or the caretaker relative has, in the 10.10 past, resided in this state for at least 365 consecutive days; 10.11 (3) either the child or the caretaker relative came to this 10.12 state to join a close relative who has resided in this state for 10.13 at least one year. For purposes of this clause, "close 10.14 relative" means a parent, grandparent, brother, sister, spouse, 10.15 or child; or 10.16 (4) the caretaker relative came to this state to accept a 10.17 bona fide offer of employment and was eligible to accept the 10.18 employment. 10.19 A county agency may waive the 30-day residency requirement 10.20 in cases of emergency or where unusual hardship would result 10.21 from denial of assistance. The county agency must report to the 10.22 commissioner within 30 days on any waiver granted under this 10.23 section. 10.24 Sec. 12. Minnesota Statutes 1994, section 256.73, is 10.25 amended by adding a subdivision to read: 10.26 Subd. 1b. [USE OF CODE OF FEDERAL REGULATIONS.] In the 10.27 event that federal block grant legislation eliminates the 10.28 federal regulatory basis for aid to families with dependent 10.29 children, the state shall continue to determine eligibility for 10.30 Minnesota's AFDC program using the provisions of Code of Federal 10.31 Regulations, title 45, as constructed on the day prior to their 10.32 federal repeal, except as expressly superseded in sections 10.33 256.72 to 256.87, or as superseded by federal law, or as 10.34 modified by state rule or by regulatory waivers granted to the 10.35 state. 10.36 Sec. 13. Minnesota Statutes 1995 Supplement, section 11.1 256.73, subdivision 8, is amended to read: 11.2 Subd. 8. [RECOVERY OF OVERPAYMENTS.] (a) Except as 11.3 provided in subdivision 8a, if an amount of aid to families with 11.4 dependent children assistance is paid to a recipient in excess 11.5 of the payment due, it shall be recoverable by the county 11.6 agency. The agency shall give written notice to the recipient 11.7 of its intention to recover the overpayment. 11.8 (b) When an overpayment occurs, the county agency shall 11.9 recover the overpayment from a current recipient by reducing the 11.10 amount of aid payable to the assistance unit of which the 11.11 recipient is a member for one or more monthly assistance 11.12 payments until the overpayment is repaid. All county agencies 11.13 in the state shall reduce the assistance payment by three 11.14 percent of the assistance unit's standard of need or the amount 11.15 of the monthly payment, whichever is less, for all overpayments 11.16 whether or not the overpayment is due solely to agency 11.17 error. For recipients receiving benefits via electronic benefit 11.18 transfer, if the overpayment is a result of an automated teller 11.19 machine (ATM) dispensing funds in error to the recipient, the 11.20 agency may recover the overpayment by immediately withdrawing 11.21 funds from the recipient's electronic benefit transfer account, 11.22 up to the amount of the overpayment. If the overpayment is due 11.23 solely to having wrongfully obtained assistance, whether based 11.24 on a court order, the finding of an administrative fraud 11.25 disqualification hearing or a waiver of such a hearing, or a 11.26 confession of judgment containing an admission of an intentional 11.27 program violation, the amount of this reduction shall be ten 11.28 percent. In cases when there is both an overpayment and 11.29 underpayment, the county agency shall offset one against the 11.30 other in correcting the payment. 11.31 (c) Overpayments may also be voluntarily repaid, in part or 11.32 in full, by the individual, in addition to the above aid 11.33 reductions, until the total amount of the overpayment is repaid. 11.34 (d) The county agency shall make reasonable efforts to 11.35 recover overpayments to persons no longer on assistance in 11.36 accordance with standards adopted in rule by the commissioner of 12.1 human services. The county agency need not attempt to recover 12.2 overpayments of less than $35 paid to an individual no longer on 12.3 assistance if the individual does not receive assistance again 12.4 within three years, unless the individual has been convicted of 12.5 fraud under section 256.98. 12.6 Sec. 14. Minnesota Statutes 1994, section 256.736, 12.7 subdivision 1a, is amended to read: 12.8 Subd. 1a. [DEFINITIONS.] As used in this section and 12.9 section 256.7365, the following words have the meanings given 12.10 them: 12.11 (a) "AFDC" or "income assistance" means the aid to families 12.12 with dependent children program and any successor to that 12.13 program. 12.14 (b) "AFDC-UP" or "two-parent family" means that group of 12.15 AFDC clients who are eligible for assistance by reason of 12.16 unemployment as defined by the commissioner under section 12.17 256.12, subdivision 14. 12.18 (c) "Caretaker" means a parent or eligible adult, including 12.19 a pregnant woman, who is part of the assistance unit that has 12.20 applied for or is receiving AFDC. 12.21 (d) "Case manager" means the county agency's employment and 12.22 training service provider who provides the services identified 12.23 in sections 256.736 to 256.739 according to subdivision 12. 12.24 (e) "Employment and training services" means programs, 12.25 activities, and services related to job training, job placement, 12.26 and job creation, including job service programs, job training 12.27 partnership act programs, wage subsidies, remedial and secondary 12.28 education programs, post-secondary education programs excluding 12.29 education leading to a post-baccalaureate degree, vocational 12.30 education programs,work readiness programs,job search, 12.31 counseling, case management, community work experience programs, 12.32 displaced homemaker programs, self-employment programs, grant 12.33 diversion, employment experience programs, youth employment 12.34 programs, community investment programs, refugee employment and 12.35 training programs, and counseling and support activities 12.36 necessary to stabilize the caretaker or the family. 13.1(e)(f) "Employment and training service provider" means a 13.2 public, private, or nonprofit agency certified by the 13.3 commissioner of economic security to deliver employment and 13.4 training services under section 268.0122, subdivision 3, and 13.5 section 268.871, subdivision 1. 13.6(f)(g) "Minor parent" means acaretaker relative who is13.7theperson who is under age 18 and who is either the birth 13.8 parent ofthe dependenta minor child or children in the 13.9 assistance unit and who is under the age of 18 or is eligible 13.10 for AFDC as a pregnant woman. 13.11(g)(h) "Targeted groups" or "targeted caretakers" means 13.12 recipients of AFDC or AFDC-UP designated as priorities for 13.13 employment and training services under subdivision 16. 13.14(h)(i) "Suitable employment" means employment which: 13.15 (1) is within the recipient's physical and mental capacity; 13.16 (2) meets health and safety standards established by the 13.17 Occupational Safety and Health Administration and the department 13.18 of economic security; 13.19 (3) pays hourly gross earnings which are not less than the 13.20 federal or state minimum wage for that type of employment, 13.21 whichever is applicable; 13.22 (4) does not result in a net loss of income. Employment 13.23 results in a net loss of income when the income remaining after 13.24 subtracting necessary work-related expenses from the family's 13.25 gross income, which includes cash assistance, is less than the 13.26 cash assistance the family was receiving at the time the offer 13.27 of employment was made. For purposes of this definition, "work 13.28 expenses" means the amount withheld or paid for; state and 13.29 federal income taxes; social security withholding taxes; 13.30 mandatory retirement fund deductions; dependent care costs; 13.31 transportation costs to and from work at the amount allowed by 13.32 the Internal Revenue Service for personal car mileage; costs of 13.33 work uniforms, union dues, and medical insurance premiums; costs 13.34 of tools and equipment used on the job; $1 per work day for the 13.35 costs of meals eaten during employment; public liability 13.36 insurance required by an employer when an automobile is used in 14.1 employment and the cost is not reimbursed by the employer; and 14.2 the amount paid by an employee from personal funds for business 14.3 costs which are not reimbursed by the employer; 14.4 (5) offers a job vacancy which is not the result of a 14.5 strike, lockout, or other bona fide labor dispute; 14.6 (6) requires a round trip commuting time from the 14.7 recipient's residence of less than two hours by available 14.8 transportation, exclusive of the time to transport children to 14.9 and from child care; 14.10 (7) does not require the recipient to leave children under 14.11 age 12 unattended in order to work, or if child care is 14.12 required, such care is available; and 14.13 (8) does not discriminate at the job site on the basis of 14.14 age, sex, race, color, creed, marital status, status with regard 14.15 to public assistance, disability, religion, or place of national 14.16 origin. 14.17(i)(j) "Support services" means programs, activities, and 14.18 services intended to stabilize families and individuals or 14.19 provide assistance for family needs related to employment or 14.20 participation in employment and training services, including 14.21 child care, transportation, housing assistance, personal and 14.22 family counseling, crisis intervention services, peer support 14.23 groups, chemical dependency counseling and treatment, money 14.24 management assistance, and parenting skill courses. 14.25 Sec. 15. Minnesota Statutes 1994, section 256.736, 14.26 subdivision 3b, is amended to read: 14.27 Subd. 3b. [MANDATORY ASSESSMENT AND SCHOOL ATTENDANCE FOR 14.28 CERTAIN CUSTODIAL PARENTS.] This subdivision applies to the 14.29 extent permitted under federal law and regulation. 14.30 (a) [DEFINITIONS.] The definitions in this paragraph apply 14.31 to this subdivision. 14.32 (1) "Custodial parent" means a recipient of AFDC who is the 14.33 natural or adoptive parent of a child living with the custodial 14.34 parent. 14.35 (2) "School" means: 14.36 (i) an educational program which leads to a high school 15.1 diploma. The program or coursework may be, but is not limited 15.2 to, a program under the post-secondary enrollment options of 15.3 section 123.3514, a regular or alternative program of an 15.4 elementary or secondary school, a technical college, or a 15.5 college; 15.6 (ii) coursework for a general educational development (GED) 15.7 diploma of not less than six hours of classroom instruction per 15.8 week; or 15.9 (iii) any other post-secondary educational program that is 15.10 approved by the public school or the county agency under 15.11 subdivision 11. 15.12 (b) [ASSESSMENT AND PLAN; REQUIREMENT; CONTENT.] The 15.13 county agency must examine the educational level of each 15.14 custodial parent under the age of 20 to determine if the 15.15 recipient has completed a high school education or its 15.16 equivalent. If the custodial parent has not completed a high 15.17 school education or its equivalent and is not exempt from the 15.18 requirement to attend school under paragraph (c), the county 15.19 agency must complete an individual assessment for the custodial 15.20 parent. The assessment must be performed as soon as possible 15.21 but within 60 days of determining AFDC eligibility for the 15.22 custodial parent. The assessment must provide an initial 15.23 examination of the custodial parent's educational progress and 15.24 needs, literacy level, child care and supportive service needs, 15.25 family circumstances, skills, and work experience. In the case 15.26 of a custodial parent under the age of 18, the assessment must 15.27 also consider the results of the early and periodic screening, 15.28 diagnosis and treatment (EPSDT) screening, if available, and the 15.29 effect of a child's development and educational needs on the 15.30 parent's ability to participate in the program. The county 15.31 agency must advise the parent that the parent's first goal must 15.32 be to complete an appropriate educational option if one is 15.33 identified for the parent through the assessment and, in 15.34 consultation with educational agencies, must review the various 15.35 school completion options with the parent and assist the parent 15.36 in selecting the most appropriate option. 16.1 (c) [RESPONSIBILITY FOR ASSESSMENT AND PLAN.] For 16.2 custodial parents who are under age 18, the assessment and the 16.3 employability plan must be completed by the county social 16.4 services agency, as specified in section 257.33. For custodial 16.5 parents who are age 18 or 19, the assessment and employability 16.6 plan must be completed by the case manager. The social services 16.7 agency or the case manager shall consult with representatives of 16.8 educational agencies required to assist in developing 16.9 educational plans under section 126.235. 16.10 (d) [EDUCATION DETERMINED TO BE APPROPRIATE.] If the case 16.11 manager or county social services agency identifies an 16.12 appropriate educational option, it must develop an employability 16.13 plan in consultation with the custodial parent which reflects 16.14 the assessment. The plan must specify that participation in an 16.15 educational activity is required, what school or educational 16.16 program is most appropriate, the services that will be provided, 16.17 the activities the parent will take part in including child care 16.18 and supportive services, the consequences to the custodial 16.19 parent for failing to participate or comply with the specified 16.20 requirements, and the right to appeal any adverse action. The 16.21 employability plan must, to the extent possible, reflect the 16.22 preferences of the participant. 16.23 (e) [EDUCATION DETERMINED TO BE NOT APPROPRIATE.] If the 16.24 case manager determines that there is no appropriate educational 16.25 option for a custodial parent who is age 18 or 19, the case 16.26 manager shall indicate the reasons for the determination. The 16.27 case manager shall then notify the county agency which must 16.28 refer the custodial parent tocase management services under16.29subdivision 11the Project STRIDE program for completion of an 16.30 employability plan and mandatory participation in employment and 16.31 training services. If the custodial parent fails to participate 16.32 or cooperate withcase managementemployment and training 16.33 services and does not have good cause for the failure, the 16.34 county agency shall apply the sanctions listed in subdivision 4, 16.35 beginning with the first payment month after issuance of 16.36 notice. If the county social services agency determines that 17.1 school attendance is not appropriate for a custodial parent 17.2 under age 18, the county agency shall refer the custodial parent 17.3 to social services for services as provided in section 257.33. 17.4 (f) [SCHOOL ATTENDANCE REQUIRED.] Notwithstanding 17.5 subdivision 3, a custodial parent must attend school if all of 17.6 the following apply: 17.7 (1) the custodial parent is less than 20 years of age; 17.8 (2) transportation services needed to enable the custodial 17.9 parent to attend school are available; 17.10 (3) licensed or legal nonlicensed child care services 17.11 needed to enable the custodial parent to attend school are 17.12 available; 17.13 (4) the custodial parent has not already received a high 17.14 school diploma or its equivalent; and 17.15 (5) the custodial parent is not exempt because the 17.16 custodial parent: 17.17 (i) is ill or incapacitated seriously enough to prevent 17.18 attendance at school; 17.19 (ii) is needed in the home because of the illness or 17.20 incapacity of another member of the household; this includes a 17.21 custodial parent of a child who is younger than six weeks of 17.22 age; 17.23 (iii) works 30 or more hours a week; or 17.24 (iv) is pregnant if it has been medically verified that the 17.25 child's birth is expected within the next six months. 17.26 (g) [ENROLLMENT AND ATTENDANCE.] The custodial parent must 17.27 be enrolled in school and meeting the school's attendance 17.28 requirements. If enrolled, the custodial parent is considered 17.29 to be attending when the school is not in regular session, 17.30 including during holiday and summer breaks. 17.31 (h) [GOOD CAUSE FOR NOT ATTENDING SCHOOL.] The county 17.32 agency shall not impose the sanctions in subdivision 4 if it 17.33 determines that a custodial parent has good cause for not being 17.34 enrolled or for not meeting the school's attendance 17.35 requirements. The county agency shall determine whether good 17.36 cause for not attending or not enrolling in school exists, 18.1 according to this paragraph: 18.2 (1) Good cause exists when the county agency has verified 18.3 that the only available school program requires round trip 18.4 commuting time from the custodial parent's residence of more 18.5 than two hours by available means of transportation, excluding 18.6 the time necessary to transport children to and from child care. 18.7 (2) Good cause exists when the custodial parent has 18.8 indicated a desire to attend school, but the public school 18.9 system is not providing for the education and alternative 18.10 programs are not available. 18.11 (i) [FAILURE TO COMPLY.] The case manager and social 18.12 services agency shall establish ongoing contact with appropriate 18.13 school staff to monitor problems that custodial parents may have 18.14 in pursuing their educational plan and shall jointly seek 18.15 solutions to prevent parents from failing to complete 18.16 education. If the school notifies the county agency that the 18.17 custodial parent is not enrolled or is not meeting the school's 18.18 attendance requirements, or appears to be facing barriers to 18.19 completing education, the information must be conveyed to the 18.20 case manager for a custodial parent age 18 or 19, or to the 18.21 social services agency for a custodial parent under age 18. The 18.22 case manager or social services agency shall reassess the 18.23 appropriateness of school attendance as specified in paragraph 18.24 (f). If after consultation, school attendance is still 18.25 appropriate and the case manager or social services agency 18.26 determines that the custodial parent has failed to enroll or is 18.27 not meeting the school's attendance requirements and the 18.28 custodial parent does not have good cause, the case manager or 18.29 social services agency shall inform the custodial parent's 18.30 financial worker who shall apply the sanctions listed in 18.31 subdivision 4 beginning with the first payment month after 18.32 issuance of notice. 18.33 (j) [NOTICE AND HEARING.] A right to notice and fair 18.34 hearing shall be provided in accordance with section 256.045 and 18.35theCode of Federal Regulations, title 45, section 205.10. 18.36 (k) [SOCIAL SERVICES.] When a custodial parent under the 19.1 age of 18 has failed to attend school, is not exempt, and does 19.2 not have good cause, the county agency shall refer the custodial 19.3 parent to the social services agency for services, as provided 19.4 in section 257.33. 19.5 (l) [VERIFICATION.] No less often than quarterly, the 19.6 financial worker must verify that the custodial parent is 19.7 meeting the requirements of this subdivision. Notwithstanding 19.8 section 13.32, subdivision 3, when the county agency notifies 19.9 the school that a custodial parent is subject to this 19.10 subdivision, the school must furnish verification of school 19.11 enrollment, attendance, and progress to the county agency. The 19.12 county agency must not impose the sanctions in paragraph (i) if 19.13 the school fails to cooperate in providing verification of the 19.14 minor parent's education, attendance, or progress. 19.15 Sec. 16. Minnesota Statutes 1994, section 256.736, 19.16 subdivision 4, is amended to read: 19.17 Subd. 4. [CONDITIONS OF CERTIFICATION.] The commissioner 19.18 of human services shall: 19.19 (1) in consultation with the commissioner of children, 19.20 families, and learning, arrange for or provide any caretaker or 19.21 childrequired to participatewho participates in employment and 19.22 training services pursuant to this section with child-care 19.23 services, transportation, and other necessary family services; 19.24 (2) provide that in determining a recipient's needs the 19.25 additional expenses attributable to participation in a program 19.26 are taken into account in grant determination to the extent 19.27 permitted by federal regulation; 19.28 (3) provide that the county board shall impose the 19.29 sanctions in clause (4) when the county board: 19.30 (a) determines that a custodial parent under the age of 16 19.31 who is required to attend school under subdivision 3b has, 19.32 without good cause, failed to attend school; or 19.33 (b) determines that subdivision 3c applies to a minor 19.34 parent and the minor parent has, without good cause, failed to 19.35 cooperate with development of a social service plan or to 19.36 participate in execution of the plan, to live in a group or 20.1 foster home, or to participate in a program that teaches skills 20.2 in parenting and independent living; 20.3 (4) to the extent permissible by federal law, impose the 20.4 following sanctions for a recipient's failure to participate in 20.5 the requirements of subdivision 3b or 3c: 20.6 (a) for the first failure, 50 percent of the grant provided 20.7 to the family for the month following the failure shall be made 20.8 in the form of protective or vendor payments; 20.9 (b) for the second and subsequent failures, the entire 20.10 grant provided to the family must be made in the form of 20.11 protective or vendor payments. Assistance provided to the 20.12 family must be in the form of protective or vendor payments 20.13 until the recipient complies with the requirement; and 20.14 (c) when protective payments are required, the county 20.15 agency may continue payments to the caretaker if a protective 20.16 payee cannot reasonably be found; 20.17 (5) provide that the county board shall impose the 20.18 sanctions in clause (6) when the county board: 20.19 (a) determines that a caretaker or child required to 20.20 participate in employment and training services has been found 20.21 by the employment and training service provider to have failed 20.22 without good cause to participate in appropriate employment and 20.23 training services, to comply with the recipient's employability 20.24 development plan, or to have failed without good cause to 20.25 accept, through the job search program described in subdivision 20.26 14, or the provisions of an employability development plan if 20.27 the caretaker is a custodial parent age 18 or 19 and subject to 20.28 the requirements of subdivision 3b, a bona fide offer of public 20.29 or other employment; 20.30 (b) determines that a custodial parent aged 16 to 19 who is 20.31 required to attend school under subdivision 3b has, without good 20.32 cause, failed to enroll or attend school; or 20.33 (c) determines that a caretaker has, without good cause, 20.34 failed to attend orientation; 20.35 (6) to the extent required by federal law, impose the 20.36 following sanctions for a recipient's failure to participate in 21.1 required employment and training services, to comply with the 21.2 recipient's employability development plan, to accept a bona 21.3 fide offer of public or other employment, to enroll or attend 21.4 school under subdivision 3b, or to attend orientation: 21.5 (a) for the first failure, the needs of the noncompliant 21.6 individual shall not be taken into account in making the grant 21.7 determination, until the individual complies with the 21.8 requirements; 21.9 (b) for the second failure, the needs of the noncompliant 21.10 individual shall not be taken into account in making the grant 21.11 determination until the individual complies with the requirement 21.12 or for three consecutive months, whichever is longer; 21.13 (c) for subsequent failures, the needs of the noncompliant 21.14 individual shall not be taken into account in making the grant 21.15 determination until the individual complies with the requirement 21.16 or for six consecutive months, whichever is longer; 21.17 (d) aid with respect to a dependent child who has been 21.18 sanctioned under this paragraph shall be continued for the 21.19 parent or parents of the child if the child is the only child 21.20 receiving aid in the family, the child continues to meet the 21.21 conditions of section 256.73, and the family is otherwise 21.22 eligible for aid; 21.23 (e) if the noncompliant individual is a parent or other 21.24 relative caretaker, payments of aid for any dependent child in 21.25 the family must be made in the form of protective or vendor 21.26 payments. When protective payments are required, the county 21.27 agency may continue payments to the caretaker if a protective 21.28 payee cannot reasonably be found. When protective payments are 21.29 imposed onassistance units whose basis of eligibility is21.30unemployed parent or incapacitated parenta two-parent family, 21.31 cash payments may continue to thenonsanctionedcaretaker in the 21.32 assistance unit who remains eligible for AFDC, subject to 21.33 paragraph (g); 21.34 (f) if, after removing a caretaker's needs from the grant, 21.35 only dependent children remain eligible for AFDC, the standard 21.36 of assistance shall be computed using the special children 22.1 standard; 22.2 (g) if the noncompliant individual is aprincipal wage22.3earner in a family whose basis of eligibility is the22.4unemployment of aparent in a two-parent family and the 22.5nonprincipal wage earnerother parent is not participating in an 22.6 approved employment and training service, the needs of boththe22.7principal and nonprincipal wage earnerparents must not be taken 22.8 into account in making the grant determination; and 22.9 (7) request approval from the secretary of health and human 22.10 services to use vendor payment sanctions for persons listed in 22.11 paragraph (5), clause (b). If approval is granted, the 22.12 commissioner must begin using vendor payment sanctions as soon 22.13 as changes to the state plan are approved. 22.14 Sec. 17. Minnesota Statutes 1995 Supplement, section 22.15 256.736, subdivision 10, is amended to read: 22.16 Subd. 10. [COUNTY DUTIES.] (a) To the extent of available 22.17 state appropriations, county boards shall: 22.18 (1) refer all mandatory and eligible volunteer caretakers 22.19 permitted to participate under subdivision 3a to an employment 22.20 and training service provider for participation in employment 22.21 and training services; 22.22 (2) identify to the employment and training service 22.23 provider the target group of which the referred caretaker is a 22.24 member, if any, and whether the person's participation is 22.25 mandatory or voluntary; 22.26 (3) provideallcaretakers with an orientation which meets 22.27 the requirements in subdivisions 10a and 10b; 22.28 (4) work with the employment and training service provider 22.29 to encouragevoluntaryparticipationby caretakers in the target22.30groupsin employment and training services; 22.31 (5) work with the employment and training service provider 22.32 to collect data as required by the commissioner; 22.33 (6) to the extent permissible under federal law, require 22.34 all caretakers coming into the AFDC program to attend 22.35 orientation; 22.36 (7) encouragenontargetcaretakers to develop a plan to 23.1 obtain self-sufficiency; 23.2 (8) notify the commissioner of the caretakersrequired to23.3 who participate in employment and training services; 23.4 (9) inform appropriate caretakers of opportunities 23.5 available through the head start program and encourage 23.6 caretakers to have their children screened for enrollment in the 23.7 program where appropriate; 23.8 (10) provide transportation assistance using available 23.9 funds to caretakers who participate in employment and training 23.10 programs; 23.11 (11) ensure that the required services of orientation,job23.12search,services to custodial parents under the age of 20 who 23.13 have not completed high school or an equivalent program, job 23.14 search, educational activities, and work experience forAFDC-UP23.15 two-parent families, and case management servicesare made 23.16 available to appropriate caretakers under this section,except23.17that payment for case management services is governed by23.18subdivision 13and that services are provided to volunteer 23.19 caretakers to the extent resources permit; 23.20 (12) explain in its local service unit plan under section 23.21 268.88 how it will ensure thattargetcaretakers determined to 23.22 be in need of social services are provided with such social 23.23 services. The plan must specify how the case manager and the 23.24 county social service workers will ensure delivery of needed 23.25 services; 23.26 (13) to the extent allowed by federal laws and regulations, 23.27 provide a job search program as defined in subdivision 14, a 23.28 community work experience program as defined in section 256.737, 23.29 grant diversion as defined in section 256.739, and on-the-job 23.30 training as defined in section 256.738. A county may also 23.31 provide another work and training program approved by the 23.32 commissioner and the secretary of the United States Department 23.33 of Health and Human Services. Planning and approval for 23.34 employment and training services listed in this clause must be 23.35 obtained through submission of the local service unit plan as 23.36 specified under section 268.88. A county is not required to 24.1 provide a community work experience program if the county agency 24.2 is successful in placing at least4060 percent of the monthly 24.3 average of all caretakers who are subject to the job search 24.4 requirements of subdivision 14 in grant diversion or on-the-job 24.5 training program; 24.6 (14) prior to participation, provide an assessment of each 24.7 AFDC recipient who is required or volunteers to participate in 24.8 an approved employment and training service. The assessment 24.9 must include an evaluation of the participant's (i) educational, 24.10 child care, and other supportive service needs; (ii) skills and 24.11 prior work experience; and (iii) ability to secure and retain a 24.12 job which, when wages are added to child support, will support 24.13 the participant's family. The assessment must also include a 24.14 review of the results of the early and periodic screening, 24.15 diagnosis and treatment (EPSDT) screening and preschool 24.16 screening under chapter 123, if available; the participant's 24.17 family circumstances; and, in the case of a custodial parent 24.18 under the age of 18, a review of the effect of a child's 24.19 development and educational needs on the parent's ability to 24.20 participate in the program; 24.21 (15) develop an employability development plan for each 24.22 recipient for whom an assessment is required under clause (14) 24.23 which: 24.24 (i) reflects the assessment required by clause (14); 24.25 (ii) takes into consideration the recipient's physical 24.26 capacity, skills, experience, health and safety, family 24.27 responsibilities, place of residence, proficiency, child care 24.28 and other supportive service needs; 24.29 (iii) is based on available resources and local employment 24.30 opportunities; 24.31 (iv) specifies the services to be provided by the 24.32 employment and training service provider; 24.33 (v) specifies the activities the recipient will participate 24.34 in, including the worksite to which the caretaker will be 24.35 assigned, if the caretaker is subject to the requirements of 24.36 section 256.737, subdivision 2; 25.1 (vi) specifies necessary supportive services such as child 25.2 care; 25.3 (vii) reflects the effort to arrange mandatory activities 25.4 so that the activities do not interfere with access to available 25.5 English as a second language classes and to the extent possible, 25.6 reflects the preferences of the participant; 25.7 (viii) includes a written agreement between the county 25.8 agency and the caretaker that outlines a reasonable schedule for 25.9 completing the plan, including specific completion deadlines, 25.10 and confirms that: 25.11 (A) there is a market for full-time employees with this 25.12 education or training where the caretaker will or is willing to 25.13 reside upon completion of the program; 25.14 (B) the average wage level for employees with this 25.15 education or training is greater than the caretaker can earn 25.16 without this education or training; 25.17 (C) the caretaker has the academic ability to successfully 25.18 complete the program; and 25.19 (D) there is a reasonable expectation that the caretaker 25.20 will complete the training program based on such factors as the 25.21 caretaker's previous education, training, work history, current 25.22 motivation, and changes in previous circumstances; and 25.23 (ix) specifies the recipient's long-term employment goal 25.24 which shall lead to self-sufficiency. Caretakers shall be 25.25 counseled to set realistic attainable goals, taking into account 25.26 the long-term needs of the caretaker and the caretaker's family; 25.27 and 25.28 (16) provide written notification to and obtain the written 25.29 concurrence of the appropriate exclusive bargaining 25.30 representatives with respect to job duties covered under 25.31 collective bargaining agreements and assure that no work 25.32 assignment under this section or sections 256.737, 256.738, and 25.33 256.739, or the Minnesota parent's fair share mandatory 25.34 community work experience program results in: (i) termination, 25.35 layoff, or reduction of the work hours of an employee for the 25.36 purpose of hiring an individual under this section or sections 26.1 256.737, 256.738, and 256.739; (ii) the hiring of an individual 26.2 if any other person is on layoff from the same or a 26.3 substantially equivalent job; (iii) any infringement of the 26.4 promotional opportunities of any currently employed individual; 26.5 (iv) the impairment of existing contracts for services or 26.6 collective bargaining agreements; or (v) except for on-the-job 26.7 training under section 256.738, a participant filling an 26.8 established unfilled position vacancy. If an exclusive 26.9 bargaining representative and a county or public service 26.10 employer disagree regarding whether job duties are covered under 26.11 a collective bargaining agreement, the exclusive bargaining 26.12 representative or the county or public service employer may 26.13 petition the bureau of mediation services, and the bureau shall 26.14 determine if the job duties are covered by a collective 26.15 bargaining agreement;and26.16 (17) assess each caretaker inan AFDC-UPa two-parent 26.17 family who is under age 25, has not completed high school or a 26.18 high school equivalency program, and who would otherwise be 26.19 required to participate in a work experience placement under 26.20 section 256.737 to determine if an appropriate secondary 26.21 education option is available for the caretaker. If an 26.22 appropriate secondary education option is determined to be 26.23 available for the caretaker, the caretaker must, in lieu of 26.24 participating in work experience, enroll in and meet the 26.25 educational program's participation and attendance 26.26 requirements. "Secondary education" for this paragraph means 26.27 high school education or education designed to prepare a person 26.28 to qualify for a high school equivalency certificate, basic and 26.29 remedial education, and English as a second language education. 26.30 A caretaker required to participate in secondary education who, 26.31 without good cause, fails to participate shall be subject to the 26.32 provisions of subdivision 4a and the sanction provisions of 26.33 subdivision 4, clause (6). For purposes of this clause, "good 26.34 cause" means the inability to obtain licensed or legal 26.35 nonlicensed child care services needed to enable the caretaker 26.36 to attend, inability to obtain transportation needed to attend, 27.1 illness or incapacity of the caretaker or another member of the 27.2 household which requires the caretaker to be present in the 27.3 home, or being employed for more than 30 hours per week; and 27.4 (18) provide counseling and other personal follow-up 27.5 support as needed for up to six months after the participant 27.6 loses AFDC eligibility to assist the person to maintain 27.7 employment or to secure new employment. 27.8 (b) Funds available under this subdivision may not be used 27.9 to assist, promote, or deter union organizing. 27.10 (c) A county board may provide other employment and 27.11 training services that it considers necessary to help caretakers 27.12 obtain self-sufficiency. 27.13 (d) Notwithstanding section 256G.07, when atarget27.14 caretaker relocates to another county to implement the 27.15 provisions of the caretaker'scase management contract or other27.16 written employability development plan approved by the county 27.17 human service agency,its case manageror its employment and 27.18 training service provider, the county that approved the plan is 27.19 responsible for the costs ofcase management and otherservices 27.20 required to carry out the plan, including employment and27.21training services. The county agency's responsibility for the 27.22 costs ends when all plan obligations have been met, when the 27.23 caretaker loses AFDC eligibility for at least 30 days, or when 27.24 approval of the plan is withdrawn for a reason stated in the 27.25 plan, whichever occurs first. Responsibility for the costs of 27.26 child care must be determined under chapter 256H. A county 27.27 human service agency may pay for the costs ofcase management,27.28 child care,and other services required in an approved 27.29 employability development plan when thenontarget caretaker27.30relocates to another county or when a targetcaretaker again 27.31 becomes eligible for AFDC after having been ineligible for at 27.32 least 30 days. 27.33 Sec. 18. Minnesota Statutes 1995 Supplement, section 27.34 256.736, subdivision 10a, is amended to read: 27.35 Subd. 10a. [ORIENTATION.] (a) Each county agency must 27.36 provide an orientation to all caretakers within its jurisdiction 28.1 in the time limits described in this paragraph: 28.2 (1) within 60 days of being determined eligible for AFDC 28.3 for caretakerswith a continued absence or incapacitated parent28.4basis of eligibilitywho are permitted to volunteer for services 28.5 under subdivision 3a; or 28.6 (2) within 30 days of being determined eligible for AFDC 28.7 for caretakerswith an unemployed parent basis of eligibility28.8 who are required to participate in services under subdivision 3a. 28.9 (b) Caretakers are required to attend an in-person 28.10 orientation if the caretaker is a member of one of the groups 28.11 listed in subdivision 3a, paragraph (a), unless the caretaker is 28.12 exempt from registration under subdivision 3 and the caretaker's 28.13 exemption basis will not expire within 60 days of being 28.14 determined eligible for AFDC, or the caretaker is enrolled at 28.15 least half time in any recognized school, training program, or 28.16 institution of higher learning and the in-person orientation 28.17 cannot be scheduled at a time that does not interfere with the 28.18 caretaker's school or training schedule. The county agency 28.19 shall require attendance at orientation of caretakers described 28.20 in subdivision 3a, paragraph (b) or (c), if the commissioner 28.21 determines that the groups are eligible for participation in 28.22 employment and training services. 28.23 (c) The orientation must consist of a presentation that 28.24 informs caretakers of: 28.25 (1) the identity, location, and phone numbers of employment 28.26 and training and support services available in the county; 28.27 (2) the types and locations of child care services 28.28 available through the county agency that are accessible to 28.29 enable a caretaker to participate in educational programs or 28.30 employment and training services; 28.31 (3) the child care resource and referral program designated 28.32 by the commissioner providing education and assistance to select 28.33 child care services and a referral to the child care resource 28.34 and referral when assistance is requested; 28.35 (4) the obligations of the county agency and service 28.36 providers under contract to the county agency; 29.1 (5) the rights, responsibilities, and obligations of 29.2 participants; 29.3 (6) the grounds for exemption from mandatory employment and 29.4 training services or educational requirements; 29.5 (7) the consequences for failure to participate in 29.6 mandatory services or requirements, including the requirement 29.7 that volunteer participants comply with their employability 29.8 development plan; 29.9 (8) the method of entering educational programs or 29.10 employment and training services available through the county; 29.11 (9) the availability and the benefits of the early and 29.12 periodic, screening, diagnosis and treatment (EPSDT) program and 29.13 preschool screening under chapter 123; 29.14 (10) their eligibility for transition year child care 29.15 assistance when they lose eligibility for AFDC due to their 29.16 earnings; 29.17 (11) their eligibility for extended medical assistance when 29.18 they lose eligibility for AFDC due to their earnings;and29.19 (12) the availability of the federal earned income tax 29.20 credits and the state working family tax credits; and 29.21 (13) the availability and benefits of the Head Start 29.22 program. 29.23 (d) All orientation programs should provide information to 29.24 caretakers on parenting, nutrition, household management, food 29.25 preparation, and other subjects relevant to promoting family 29.26 integration and self-sufficiency and provide detailed 29.27 information on community resources available for training 29.28 sessions on these topics. 29.29 (e) Orientation must encourage recipients to view AFDC as a 29.30 temporary program providing grants and services to individuals 29.31 who set goals and develop strategies for supporting their 29.32 families without AFDC assistance. The content of the 29.33 orientation must not imply that a recipient's eligibility for 29.34 AFDC is time limited. Orientation may be provided through 29.35 audio-visual methods, but the caretaker must be given an 29.36 opportunity for face-to-face interaction with staff of the 30.1 county agency or the entity providing the orientation, and an 30.2 opportunity to express the desire to participate in educational 30.3 programs and employment and training services offered through 30.4 the county agency. 30.5 (f) County agencies shall not require caretakers to attend 30.6 orientation for more than three hours during any period of 12 30.7 continuous months. The county agency shall also arrange for or 30.8 provide needed transportation and child care to enable 30.9 caretakers to attend. 30.10 The county or, under contract, the county's employment and 30.11 training service provider shall mail written orientation 30.12 materials containing the information specified in paragraph (c), 30.13 clauses (1) to (3) and (8) to(12)(13), to each caretaker 30.14 exempt from attending an in-person orientation or who has good 30.15 cause for failure to attend after at least two dates for their 30.16 orientation have been scheduled. The county or the county's 30.17 employment and training service provider shall follow up with a 30.18 phone call or in writing within two weeks after mailing the 30.19 material. 30.20 (g) Persons required to attend orientation must be informed 30.21 of the penalties for failure to attend orientation, support 30.22 services to enable the person to attend, what constitutes good 30.23 cause for failure to attend, and rights to appeal. Persons 30.24 required to attend orientation must be offered a choice of at 30.25 least two dates for their first scheduled orientation. No 30.26 person may be sanctioned for failure to attend orientation until 30.27 after a second failure to attend. 30.28 (h) Good cause for failure to attend an in-person 30.29 orientation exists when a caretaker cannot attend because of: 30.30 (1) temporary illness or injury of the caretaker or of a 30.31 member of the caretaker's family that prevents the caretaker 30.32 from attending an orientation during the hours when the 30.33 orientation is offered; 30.34 (2) a judicial proceeding that requires the caretaker's 30.35 presence in court during the hours when orientation is 30.36 scheduled; or 31.1 (3) a nonmedical emergency that prevents the caretaker from 31.2 attending an orientation during the hours when orientation is 31.3 offered. "Emergency" for the purposes of this paragraph means a 31.4 sudden, unexpected occurrence or situation of a serious or 31.5 urgent nature that requires immediate action. 31.6 (i) Caretakers must receive a second orientation only when: 31.7 (1) there has been a 30-day break in AFDC eligibility; and 31.8 (2) the caretaker has not attended an orientation within 31.9 the previous 12-month period, excluding the month of 31.10 reapplication for AFDC. 31.11 Sec. 19. Minnesota Statutes 1994, section 256.736, 31.12 subdivision 12, is amended to read: 31.13 Subd. 12. [CASE MANAGERSEMPLOYMENT AND TRAINING SERVICE 31.14 PROVISION.] (a) Counties may directly employ case managers to 31.15 provide the employment and training services in this section if 31.16 the county is certified as an employment and training service 31.17 provider under section 268.0122, or may contract forcase31.18managementservices with a certified employment and training 31.19 service provider. Uncertified counties and contracting agencies 31.20 may providecase managementservices only if they demonstrate 31.21 the ability to coordinate employment, training, education, and 31.22 support services. The commissioner of economic security shall 31.23 determine whether or not an uncertified county or agency has 31.24 demonstrated such ability. 31.25 (b) Counties that employ case managers must ensure that the 31.26 case managers have the skills and knowledge necessary to perform 31.27 the variety of tasks described insubdivision 11this section. 31.28 Counties that contract with another agency forcase management31.29 services must specify in the contract the skills and knowledge 31.30 needed by the case managers. At a minimum, case managers must: 31.31 (1) have a thorough knowledge of training, education, and 31.32 employment opportunities; 31.33 (2) have training or experience in understanding the needs 31.34 of AFDC clients and their families; and 31.35 (3) be able to formulate creative individualizedcontracts31.36 employability development plans. 32.1 Sec. 20. Minnesota Statutes 1995 Supplement, section 32.2 256.736, subdivision 14, is amended to read: 32.3 Subd. 14. [JOB SEARCH.] (a) Each county agency must 32.4 establish and operate a job search program as provided under 32.5 this section. Unless all caretakers in the household are 32.6 exempt, one nonexempt caretaker in eachAFDC-UPtwo-parent AFDC 32.7 household must be referred to and begin participation in the job 32.8 search program within 30 days of being determined eligible for 32.9 AFDC. If the assistance unit contains more than one nonexempt 32.10 caretaker, the caretakers may determine which caretaker shall 32.11 participate. The designation may be changed only once annually 32.12 at the annual redetermination of eligibility. If no designation 32.13 is made or if the caretakers cannot agree, the county agency 32.14 shall designate the caretaker having earned the greater of the 32.15 incomes, including in-kind income, during the 24-month period 32.16 immediately preceding the month of application for AFDC benefits 32.17 as the caretaker that must participate. When no designation is 32.18 made or the caretakers cannot agree and neither caretaker had 32.19 earnings or the earnings were identical for each caretaker, then 32.20 the county agency shall designate the caretaker who must 32.21 participate. A caretaker is exempt from job search 32.22 participation if: 32.23 (1) the caretaker is exempt from registration under 32.24 subdivision 3, except that the second caretaker cannot be exempt 32.25 to provide child care or care to an ill or incapacitated 32.26 household member if the first caretaker is sanctioned for 32.27 failure to comply or is exempt under any other exemption 32.28 category, provided the first caretaker is capable of providing 32.29 the needed care; or 32.30 (2) the caretaker is under age 25, has not completed a high 32.31 school diploma or an equivalent program, and is participating in 32.32 a secondary education program as defined in subdivision 10, 32.33 paragraph (a), clause (17), which is approved by the employment 32.34 and training service provider in the employability development 32.35 plan. 32.36 (b) The job search program must provide four consecutive 33.1 weeks of job search activities for no less than 20 hours per 33.2 week but not more than 32 hours per week. The employment and 33.3 training service provider shall specify for each participating 33.4 caretaker the number of weeks and hours of job search to be 33.5 conducted and shall report to the county agency if the caretaker 33.6 fails to cooperate with the job search requirement. A person 33.7 for whom lack of proficiency in English, as determined by an 33.8 appropriate evaluation, is a barrier to employment, can choose 33.9 to attend an available intensive, functional work literacy 33.10 program for a minimum of 20 hours in place of the 20 hours of 33.11 job search activities. The caretaker's employability 33.12 development plan must include the length of time needed in the 33.13 program, specific outcomes, attendance requirements, completion 33.14 dates, and employment goals as they pertain to the intensive 33.15 literacy program. 33.16 (c) The job search program may provide services to 33.17non-AFDC-UPcaretakers who are not in two-parent families. 33.18 (d) After completion of job search requirements in this 33.19 section, nonexempt caretakers shall be placed in and must 33.20 participate in and cooperate with the work experience program 33.21 under section 256.737, the on-the-job training program under 33.22 section 256.738, or the grant diversion program under section 33.23 256.739. Caretakers must be offered placement in a grant 33.24 diversion or on-the-job training program, if either such 33.25 employment is available, before being required to participate in 33.26 a community work experience program under section 256.737. When 33.27 a nonexempt caretaker fails to cooperate with the job search 33.28 program, the work experience program, the on-the-job training 33.29 program, or the community work experience program and is subject 33.30 to the sanction provisions of subdivision 4, the second 33.31 caretaker in the assistance unit, unless exempt, must also be 33.32 removed from the grant unless that second caretaker has been 33.33 referred to and has started participating in the job search 33.34 program and subsequently in the work experience program, the 33.35 on-the-job training program, or the community work experience 33.36 program prior to the date the sanction begins for the first 34.1 caretaker. The second caretaker is ineligible for AFDC until 34.2 the first caretaker's sanction ends or the second caretaker 34.3 cooperates with the requirements. 34.4 (e) The commissioner may require that, to the extent of 34.5 available resources, both caretakers in a two-parent AFDC 34.6 family, where all children are over age six and are not in 34.7 kindergarten, participate in job search and work experience. 34.8 Sec. 21. Minnesota Statutes 1995 Supplement, section 34.9 256.81, is amended to read: 34.10 256.81 [COUNTY AGENCY, DUTIES.] 34.11 (1) The county agency shall keep such records, accounts, 34.12 and statistics in relation to aid to families with dependent 34.13 children as the state agency shall prescribe. 34.14 (2) Each grant of aid to families with dependent children 34.15 shall be paid to the recipient by the county agency unless paid 34.16 by the state agency. Payment must beby check or electronic34.17meansin the form of a warrant immediately redeemable in cash, 34.18 electronic benefits transfer, or by direct deposit into the 34.19 recipient's account in a financial institution, except in those 34.20 instances in which the county agency, subject to the rules of 34.21 the state agency, determines that payments for care shall be 34.22 made to an individual other than the parent or relative with 34.23 whom the dependent child is living or to vendors of goods and 34.24 services for the benefit of the child because such parent or 34.25 relative is unable to properly manage the funds in the best 34.26 interests and welfare of the child. There is a presumption of 34.27 mismanagement of funds whenever a recipient is more than 30 days 34.28 in arrears on payment of rent, except when the recipient has 34.29 withheld rent to enforce the recipient's right to withhold the 34.30 rent in accordance with federal, state, or local housing laws. 34.31 In cases of mismanagement based solely on failure to pay rent, 34.32 the county may vendor the rent payments to the landlord. At the 34.33 request of a recipient, the state or county may make payments 34.34 directly to vendors of goods and services, but only for goods 34.35 and services appropriate to maintain the health and safety of 34.36 the child, as determined by the county. 35.1 (3) The state or county may ask the recipient to give 35.2 written consent authorizing the state or county to provide 35.3 advance notice to a vendor before vendor payments of rent are 35.4 reduced or terminated. Whenever possible under state and 35.5 federal laws and regulations and if the recipient consents, the 35.6 state or county shall provide at least 30 days notice to vendors 35.7 before vendor payments of rent are reduced or terminated. If 30 35.8 days notice cannot be given, the state or county shall notify 35.9 the vendor within three working days after the date the state or 35.10 county becomes aware that vendor payments of rent will be 35.11 reduced or terminated. When the county notifies a vendor that 35.12 vendor payments of rent will be reduced or terminated, the 35.13 county shall include in the notice that it is illegal to 35.14 discriminate on the grounds that a person is receiving public 35.15 assistance and the penalties for violation. The county shall 35.16 also notify the recipient that it is illegal to discriminate on 35.17 the grounds that a person is receiving public assistance and the 35.18 procedures for filing a complaint. The county agency may 35.19 develop procedures, including using the MAXIS system, to 35.20 implement vendor notice and may charge vendors a fee not 35.21 exceeding $5 to cover notification costs. 35.22 (4) A vendor payment arrangement is not a guarantee that a 35.23 vendor will be paid by the state or county for rent, goods, or 35.24 services furnished to a recipient, and the state and county are 35.25 not liable for any damages claimed by a vendor due to failure of 35.26 the state or county to pay or to notify the vendor on behalf of 35.27 a recipient, except under a specific written agreement between 35.28 the state or county and the vendor or when the state or county 35.29 has provided a voucher guaranteeing payment under certain 35.30 conditions. 35.31 (5) The county shall be paid from state and federal funds 35.32 available therefor the amount provided for in section 256.82. 35.33 (6) Federal funds available for administrative purposes 35.34 shall be distributed between the state and the counties in the 35.35 same proportion that expenditures were made except as provided 35.36 for in section 256.017. 36.1 (7) The affected county may require that assistance paid 36.2 under the AFDC emergency assistance program in the form of a 36.3 rental unit damage deposit, less any amount retained by the 36.4 landlord to remedy a tenant's default in payment of rent or 36.5 other funds due to the landlord pursuant to a rental agreement, 36.6 or to restore the premises to the condition at the commencement 36.7 of the tenancy, ordinary wear and tear excepted, be returned to 36.8 the county when the individual vacates the premises or paid to 36.9 the recipient's new landlord as a vendor payment. The vendor 36.10 payment of returned funds shall not be considered a new use of 36.11 emergency assistance. 36.12 Sec. 22. Minnesota Statutes 1994, section 256B.056, 36.13 subdivision 1, is amended to read: 36.14 Subdivision 1. [RESIDENCY.] To be eligible for medical 36.15 assistance, a person mustresidehave resided in Minnesota for 36.16 at least 30 days, or, if absent from the state, be deemed to be 36.17 a resident of Minnesota in accordance with the rules of the 36.18 state agency. 36.19 A person who has resided in the state for less than 30 days 36.20 is considered to be a Minnesota resident if the person: 36.21 (1) was born in the state; 36.22 (2) has in the past resided in the state for at least 365 36.23 consecutive days; 36.24 (3) has come to the state to join a close relative, which, 36.25 for purposes of this subdivision means a parent, grandparent, 36.26 brother, sister, spouse, or child; or 36.27 (4) has come to this state to accept a bona fide offer of 36.28 employment for which the person is eligible. 36.29 A county agency may waive the 30-day residency requirement 36.30 in cases of medical emergency or where unusual hardship would 36.31 result from denial of assistance. The county agency must report 36.32 to the commissioner within 30 days on any waiver granted under 36.33 this section. 36.34 Sec. 23. Minnesota Statutes 1995 Supplement, section 36.35 256D.02, subdivision 12a, is amended to read: 36.36 Subd. 12a. [RESIDENT.] For purposes of eligibility for 37.1 general assistanceunder section 256D.05, and payments under37.2section 256D.051and general assistance medical care, a 37.3 "resident" is a person living in the state for at least 30 days 37.4 with the intention of making the person's home here and not for 37.5 any temporary purpose. All applicants for these programs are 37.6 required to demonstrate the requisite intent and can do soin37.7any of the following ways:37.8(1)by showing that the applicant maintains a residence at 37.9 a verified address, other than a place of public accommodation. 37.10 An applicant may verify a residence address by presenting a 37.11 valid state driver's license, a state identification card, a 37.12 voter registration card, a rent receipt, a statement by the 37.13 landlord, apartment manager, or homeowner verifying that the 37.14 individual is residing at the address, or other form of 37.15 verification approved by the commissioner;. An applicant who 37.16 has been in the state for less than 30 days shall be considered 37.17 a resident if the applicant can provide documentation: 37.18(2) by providing written documentation37.19 (1) that the applicant came to the state in response to an 37.20 offer of employment; 37.21(3) by providing verification(2) that the applicant has 37.22 been a long-time resident of the state or was formerly a 37.23 resident of the state for at least 365 days and is returning to 37.24 the state from a temporary absence, as those terms are defined 37.25 in rulesto beadopted by the commissioner; or 37.26(4) by providing other persuasive evidence to show that the37.27applicant is a resident of the state, according to rules adopted37.28by the commissioner(3) that the applicant has come to this 37.29 state to accept a bona fide offer of employment for which the 37.30 applicant is eligible. 37.31 A county agency may waive the 30-day residency requirement 37.32 in cases of emergencies, including medical emergencies, or where 37.33 unusual hardship would result from denial of assistance. The 37.34 county agency must report to the commissioner within 30 days on 37.35 any waiver granted under this section. 37.36 Sec. 24. Minnesota Statutes 1995 Supplement, section 38.1 256D.03, subdivision 2, is amended to read: 38.2 Subd. 2. After December 31, 1980, state aid shall be paid 38.3 for 75 percent of all general assistance and grants up to the 38.4 standards ofsectionssection 256D.01, subdivision 1a,and38.5256D.051,and according to procedures established by the 38.6 commissioner, except as provided for under section 256.017. 38.7 Benefits shall be issued to recipients by the state or county 38.8 and funded according to section 256.025, subdivision 3. 38.9 Beginning July 1, 1991, the state will reimburse counties 38.10 according to the payment schedule in section 256.025 for the 38.11 county share of county agency expenditures made under this 38.12 subdivision from January 1, 1991, on. Payment to counties under 38.13 this subdivision is subject to the provisions of section 256.017. 38.14 Sec. 25. Minnesota Statutes 1995 Supplement, section 38.15 256D.03, subdivision 2a, is amended to read: 38.16 Subd. 2a. [COUNTY AGENCY OPTIONS.] Any county agency may, 38.17 from its own resources, make payments of general assistance: 38.18 (a) at a standard higher than that established by the 38.19 commissioner without reference to the standards of section 38.20 256D.01, subdivision 1; or (b) to persons not meeting the 38.21 eligibility standards set forth in section 256D.05, subdivision 38.22 1,or 256D.051but for whom the aid would further the purposes 38.23 established in the general assistance program in accordance with 38.24 rules adopted by the commissioner pursuant to the administrative 38.25 procedure act. The Minnesota department of human services may 38.26 maintain client records and issue these payments, providing the 38.27 cost of benefits is paid by the counties to the department of 38.28 human services in accordance with sections 256.01 and 256.025, 38.29 subdivision 3. 38.30 Sec. 26. Minnesota Statutes 1995 Supplement, section 38.31 256D.03, subdivision 3, is amended to read: 38.32 Subd. 3. [GENERAL ASSISTANCE MEDICAL CARE; ELIGIBILITY.] 38.33 (a) General assistance medical care may be paid for any person 38.34 who is not eligible for medical assistance under chapter 256B, 38.35 including eligibility for medical assistance based on a 38.36 spenddown of excess income according to section 256B.056, 39.1 subdivision 5, and: 39.2 (1) who is receiving assistance under section 256D.05or39.3256D.051, or who is having a payment made on the person's behalf 39.4 under sections 256I.01 to 256I.06; or 39.5 (2)(i) who is a resident of Minnesota; and whose equity in 39.6 assets is not in excess of $1,000 per assistance unit. No asset 39.7 test shall be applied to children and their parents living in 39.8 the same household. Exempt assets, the reduction of excess 39.9 assets, and the waiver of excess assets must conform to the 39.10 medical assistance program in chapter 256B, with the following 39.11 exception: the maximum amount of undistributed funds in a trust 39.12 that could be distributed to or on behalf of the beneficiary by 39.13 the trustee, assuming the full exercise of the trustee's 39.14 discretion under the terms of the trust, must be applied toward 39.15 the asset maximum; and 39.16 (ii) who has countable income not in excess of the 39.17 assistance standards established in section 256B.056, 39.18 subdivision 4, or whose excess income is spent down pursuant to 39.19 section 256B.056, subdivision 5, using a six-month budget 39.20 period, except that a one-month budget period must be used for 39.21 recipients residing in a long-term care facility. The method 39.22 for calculating earned income disregards and deductions for a 39.23 person who resides with a dependent child under age 21 shall be 39.24 as specified in section 256.74, subdivision 1. However, if a 39.25 disregard of $30 and one-third of the remainder described in 39.26 section 256.74, subdivision 1, clause (4), has been applied to 39.27 the wage earner's income, the disregard shall not be applied 39.28 again until the wage earner's income has not been considered in 39.29 an eligibility determination for general assistance, general 39.30 assistance medical care, medical assistance, or aid to families 39.31 with dependent children for 12 consecutive months. The earned 39.32 income and work expense deductions for a person who does not 39.33 reside with a dependent child under age 21 shall be the same as 39.34 the method used to determine eligibility for a person under 39.35 section 256D.06, subdivision 1, except the disregard of the 39.36 first $50 of earned income is not allowed; or 40.1 (3) who would be eligible for medical assistance except 40.2 that the person resides in a facility that is determined by the 40.3 commissioner or the federal health care financing administration 40.4 to be an institution for mental diseases. 40.5 (b) Eligibility is available for the month of application, 40.6 and for three months prior to application if the person was 40.7 eligible in those prior months. A redetermination of 40.8 eligibility must occur every 12 months. 40.9 (c) General assistance medical care is not available for a 40.10 person in a correctional facility unless the person is detained 40.11 by law for less than one year in a county correctional or 40.12 detention facility as a person accused or convicted of a crime, 40.13 or admitted as an inpatient to a hospital on a criminal hold 40.14 order, and the person is a recipient of general assistance 40.15 medical care at the time the person is detained by law or 40.16 admitted on a criminal hold order and as long as the person 40.17 continues to meet other eligibility requirements of this 40.18 subdivision. 40.19 (d) General assistance medical care is not available for 40.20 applicants or recipients who do not cooperate with the county 40.21 agency to meet the requirements of medical assistance. 40.22 (e) In determining the amount of assets of an individual, 40.23 there shall be included any asset or interest in an asset, 40.24 including an asset excluded under paragraph (a), that was given 40.25 away, sold, or disposed of for less than fair market value 40.26 within the 60 months preceding application for general 40.27 assistance medical care or during the period of eligibility. 40.28 Any transfer described in this paragraph shall be presumed to 40.29 have been for the purpose of establishing eligibility for 40.30 general assistance medical care, unless the individual furnishes 40.31 convincing evidence to establish that the transaction was 40.32 exclusively for another purpose. For purposes of this 40.33 paragraph, the value of the asset or interest shall be the fair 40.34 market value at the time it was given away, sold, or disposed 40.35 of, less the amount of compensation received. For any 40.36 uncompensated transfer, the number of months of ineligibility, 41.1 including partial months, shall be calculated by dividing the 41.2 uncompensated transfer amount by the average monthly per person 41.3 payment made by the medical assistance program to skilled 41.4 nursing facilities for the previous calendar year. The 41.5 individual shall remain ineligible until this fixed period has 41.6 expired. The period of ineligibility may exceed 30 months, and 41.7 a reapplication for benefits after 30 months from the date of 41.8 the transfer shall not result in eligibility unless and until 41.9 the period of ineligibility has expired. The period of 41.10 ineligibility begins in the month the transfer was reported to 41.11 the county agency, or if the transfer was not reported, the 41.12 month in which the county agency discovered the transfer, 41.13 whichever comes first. For applicants, the period of 41.14 ineligibility begins on the date of the first approved 41.15 application. 41.16 (f)(1) Beginning October 1, 1993, an undocumented alien or 41.17 a nonimmigrant is ineligible for general assistance medical care 41.18 other than emergency services. For purposes of this 41.19 subdivision, a nonimmigrant is an individual in one or more of 41.20 the classes listed in United States Code, title 8, section 41.21 1101(a)(15), and an undocumented alien is an individual who 41.22 resides in the United States without the approval or 41.23 acquiescence of the Immigration and Naturalization Service. 41.24 (2) This subdivision does not apply to a child under age 41.25 18, to a Cuban or Haitian entrant as defined in Public Law 41.26 Number 96-422, section 501(e)(1) or (2)(a), or to an alien who 41.27 is aged, blind, or disabled as defined in United States Code, 41.28 title 42, section 1382c(a)(1). 41.29 (3) For purposes of paragraph (f), "emergency services" has 41.30 the meaning given in Code of Federal Regulations, title 42, 41.31 section 440.255(b)(1), except that it also means services 41.32 rendered because of suspected or actual pesticide poisoning. 41.33 Sec. 27. Minnesota Statutes 1995 Supplement, section 41.34 256D.05, subdivision 1, is amended to read: 41.35 Subdivision 1. [ELIGIBILITY.] (a) Each person or family 41.36 whose income and resources are less than the standard of 42.1 assistance established by the commissioner and who is a resident 42.2 of the state shall be eligible for and entitled to general 42.3 assistance if the person or family is: 42.4 (1) a person who is suffering from a professionally 42.5 certified permanent or temporary illness, injury, or incapacity 42.6 which is expected to continue for more than 30 days and which 42.7 prevents the person from obtaining or retaining employment; 42.8 (2) a person whose presence in the home on a substantially 42.9 continuous basis is required because of the professionally 42.10 certified illness, injury, incapacity, or the age of another 42.11 member of the household; 42.12 (3) a person who has been placed in, and is residing in, a 42.13 licensed or certified facility for purposes of physical or 42.14 mental health or rehabilitation, or in an approved chemical 42.15 dependency domiciliary facility, if the placement is based on 42.16 illness or incapacity and is pursuant to a plan developed or 42.17 approved by the county agency through its director or designated 42.18 representative; 42.19 (4) a person who resides in a shelter facility described in 42.20 subdivision 3; 42.21 (5) a person not described in clause (1) or (3) who is 42.22 diagnosed by a licensed physician, psychological practitioner, 42.23 or other qualified professional, as mentally retarded or 42.24 mentally ill, and that condition prevents the person from 42.25 obtaining or retaining employment; 42.26 (6) a person who has an application pending for, or is 42.27 appealing termination of benefits from, the social security 42.28 disability program or the program of supplemental security 42.29 income for the aged, blind, and disabled, provided the person 42.30 has a professionally certified permanent or temporary illness, 42.31 injury, or incapacity which is expected to continue for more 42.32 than 30 days and which prevents the person from obtaining or 42.33 retaining employment; 42.34 (7) a person who is unable to obtain or retain employment 42.35 because advanced age significantly affects the person's ability 42.36 to seek or engage in substantial work; 43.1 (8) a person who has been assessed by a vocational 43.2 specialist and, in consultation with the county agency, has been 43.3 determined to be unemployable for purposes of this item, a 43.4 person is considered employable if there exist positions of 43.5 employment in the local labor market, regardless of the current 43.6 availability of openings for those positions, that the person is 43.7 capable of performing. The person's eligibility under this 43.8 category must be reassessed at least annually. The county 43.9 agency must provide notice to the person not later than 30 days 43.10 before annual eligibility under this item ends, informing the 43.11 person of the date annual eligibility will end and the need for 43.12 vocational assessment if the person wishes to continue 43.13 eligibility under this clause. For purposes of establishing 43.14 eligibility under this clause, it is the applicant's or 43.15 recipient's duty to obtain any needed vocational assessment; 43.16 (9) a person who is determined by the county agency, in 43.17 accordance with permanent rules adopted by the commissioner, to 43.18 be learning disabled, provided that if a rehabilitation plan for 43.19 the person is developed or approved by the county agency, the 43.20 person is following the plan; 43.21 (10) a child under the age of 18 who is not living with a 43.22 parent, stepparent, or legal custodian, but only if: the child 43.23 is legally emancipated or living with an adult with the consent 43.24 of an agency acting as a legal custodian; the child is at least 43.25 16 years of age and the general assistance grant is approved by 43.26 the director of the county agency or a designated representative 43.27 as a component of a social services case plan for the child; or 43.28 the child is living with an adult with the consent of the 43.29 child's legal custodian and the county agency. For purposes of 43.30 this clause, "legally emancipated" means a person under the age 43.31 of 18 years who: (i) has been married; (ii) is on active duty 43.32 in the uniformed services of the United States; (iii) has been 43.33 emancipated by a court of competent jurisdiction; or (iv) is 43.34 otherwise considered emancipated under Minnesota law, and for 43.35 whom county social services has not determined that a social 43.36 services case plan is necessary, for reasons other than that the 44.1 child has failed or refuses to cooperate with the county agency 44.2 in developing the plan; 44.3 (11) a woman in the last trimester of pregnancy who does 44.4 not qualify for aid to families with dependent children. A 44.5 woman who is in the last trimester of pregnancy who is currently 44.6 receiving aid to families with dependent children may be granted 44.7 emergency general assistance to meet emergency needs; 44.8 (12) a person who is eligible for displaced homemaker 44.9 services, programs, or assistance under section 268.96, but only 44.10 if that person is enrolled as a full-time student; 44.11 (13) a person who lives more than two hours round-trip 44.12 traveling time from any potential suitable employment; 44.13 (14) a person who is involved with protective or 44.14 court-ordered services that prevent the applicant or recipient 44.15 from working at least four hours per day; 44.16 (15)(i) a family as defined in section 256D.02, subdivision 44.17 5, which is ineligible for the aid to families with dependent 44.18 children program.; 44.19 (ii) unlessall adults in the family areexempt under 44.20 section 256D.051, subdivision 3a,oneeach adult in thefamily44.21 unit must participate in and cooperate with the food stamp 44.22 employment and training program under section 256D.051 each 44.23 month that thefamilyunit receives general assistance 44.24 benefits.If the household contains more than one nonexempt44.25adult, the adults may determine which adult must participate.44.26The designation may be changed once annually at the annual44.27redetermination of eligibility. If no designation is made or if44.28the adults cannot agree, the county agency shall designate the44.29adult having earned the greater of the incomes, including44.30in-kind income, during the 24-month period immediately preceding44.31the month of application for general assistance, as the adult44.32that must participate. When there are no earnings or when44.33earnings are identical for each adult, the county agency shall44.34designate which adult must participate.The recipient's 44.35 participation must beginonno later than the first day of the 44.36 first full month following the determination of eligibility for 45.1 general assistance benefits. To the extent of available 45.2 resources, and with the county agency's consent, the recipient 45.3 may voluntarily continue to participate in food stamp employment 45.4 and training services for up to three additional consecutive 45.5 months immediately following termination of general assistance 45.6 benefits in order to complete the provisions of the recipient's 45.7 employability development plan. Ifthean adult member fails 45.8 without good cause to participate in or cooperate with the food 45.9 stamp employment and training program, the county agency shall 45.10 concurrently terminate that person's eligibility for general 45.11 assistance and food stamps for two months or until compliance is 45.12 achieved, whichever is shorter, using the notice, good cause, 45.13 conciliation and termination procedures specified in section 45.14 256D.051; or 45.15 (16) a person over age 18 whose primary language is not 45.16 English and who is attending high school at least half time. 45.17 (b) Persons or families who are not state residents but who 45.18 are otherwise eligible for general assistance may receive 45.19 emergency general assistance to meet emergency needs. 45.20 (c) As a condition of eligibility under paragraph (a), 45.21 clauses (1), (3), (5), (8), and (9), the recipient must complete 45.22 an interim assistance agreement and must apply for other 45.23 maintenance benefits as specified in section 256D.06, 45.24 subdivision 5, and must comply with efforts to determine the 45.25 recipient's eligibility for those other maintenance benefits. 45.26 (d) The burden of providing documentation for a county 45.27 agency to use to verify eligibility for general assistance or 45.28 for exemption from the food stamp employment and training 45.29 program is upon the applicant or recipient. The county agency 45.30 shall use documents already in its possession to verify 45.31 eligibility, and shall help the applicant or recipient obtain 45.32 other existing verification necessary to determine eligibility 45.33 which the applicant or recipient does not have and is unable to 45.34 obtain. 45.35 Sec. 28. Minnesota Statutes 1995 Supplement, section 45.36 256D.051, subdivision 1, is amended to read: 46.1 Subdivision 1. [FOOD STAMP EMPLOYMENT AND TRAINING 46.2 PROGRAM.] The commissioner shall implement a food stamp 46.3 employment and training program in order to meet the food stamp 46.4 employment and training participation requirements of the United 46.5 States Department of Agriculture. Unlessall adult members of46.6the food stamp household areexempt under subdivision 3a,one46.7nonexempteach adult recipient ineach householdthe unit must 46.8 participate in the food stamp employment and training program 46.9 each month that thehouseholdperson is eligible for food stamps 46.10, up to a maximum period of six calendar months during any 1246.11consecutive calendar month period. If the household contains46.12more than one nonexempt adult, the adults may determine which46.13adult must participate. The designation may be changed only46.14once annually at the annual redetermination of eligibility. If46.15no designation is made or if the adults cannot agree, the county46.16agency shall designate the adult having earned the greater of46.17the incomes, including in-kind income, during the 24-month46.18period immediately preceding the month of application for food46.19stamp benefits, as the adult that must participate. When there46.20are no earnings or when earnings are identical for each adult,46.21the county agency shall designate the adult that must46.22participate. The person's participation in food stamp 46.23 employment and training services must beginonno later than the 46.24 first day of the calendar month following thedatedetermination 46.25 of eligibility for food stamps. With the county agency's 46.26 consent, and to the extent of available resources, the person 46.27 may voluntarily continue to participate in food stamp employment 46.28 and training services for up to three additional consecutive 46.29 months immediately followingthe end of the six-month mandatory46.30participation periodtermination of food stamp benefits in order 46.31 to complete the provisions of the person's employability 46.32 development plan. 46.33 Sec. 29. Minnesota Statutes 1995 Supplement, section 46.34 256D.051, subdivision 6, is amended to read: 46.35 Subd. 6. [SERVICE COSTS.] Within the limits of available 46.36 resources, the commissioner shall reimburse county agency 47.1 expenditures for providing food stamp employment and training 47.2 services including direct participation expenses and 47.3 administrative costs. State food stamp employment and training 47.4 funds shall be used only to pay the county agency's and food 47.5 stamp employment and training service provider's actual costs of 47.6 providing participant support services, direct program services, 47.7 and program administrative costs for persons who participate in 47.8 such employment and training services. The average annual 47.9 reimbursable cost for providing food stamp employment and 47.10 training services to a recipient for whom an individualized 47.11 employability development plan is not completed must not exceed 47.12 $60 for the food stamp employment and training services, and 47.13$240$340 for necessary recipient support services such as 47.14 transportation or child care needed to participate in food stamp 47.15 employment and training program. If an individualized 47.16 employability development plan has been completed, the average 47.17 annual reimbursable cost for providing food stamp employment and 47.18 training services must not exceed$300$400 for all services and 47.19 costs necessary to implement the plan, including the costs of 47.20 training, employment search assistance, placement, work 47.21 experience, on-the-job training, other appropriate activities, 47.22 the administrative and program costs incurred in providing these 47.23 services, and necessary recipient support services such as 47.24 tools, clothing, and transportation needed to participate in 47.25 food stamp employment and training services. The county agency 47.26 may expend additional county funds over and above the dollar 47.27 limits of this subdivision without state reimbursement. 47.28 Sec. 30. Minnesota Statutes 1995 Supplement, section 47.29 256D.055, is amended to read: 47.30 256D.055 [COUNTY DESIGN; WORK FOCUSED PROGRAM.] 47.31 The commissioner of human services shall issue a request 47.32 for proposals from counties to submit a plan for developing and 47.33 implementing a county-designed program. The plan shall be for 47.34 first-time applicants for aid to families with dependent 47.35 children (AFDC) and family general assistance (FGA) and must 47.36 emphasize the importance of becoming employed and oriented into 48.1 the work force in order to become self-sufficient. The plan 48.2 must target public assistance applicants who are most likely to 48.3 become self-sufficient quickly with short-term assistance or 48.4 services such as child care, child support enforcement, or 48.5 employment and training services. 48.6 The plan may include vendor payments, mandatory job search, 48.7 refocusing existing county or provider efforts, or other program 48.8 features. The commissioner may approve a county plan which 48.9 allows a county to use other program funding for the county work 48.10 focus program in a more flexible manner. Nothing in this 48.11 section shall allow payments made to the public assistance 48.12 applicant to be less than the amount the applicant would have 48.13 received if the program had not been implemented, or reduce or 48.14 eliminate a category of eligible participants from the program 48.15 without legislative approval. 48.16 The commissioner shall not approve a county plan that would 48.17 have an adverse impact on the Minnesota family investment plan 48.18 demonstration. If the plan is approved by the commissioner, the 48.19 county may implement the plan. If the plan is approved by the 48.20 commissioner, but a federal waiver is necessary to implement the 48.21 plan, the commissioner shall apply for the necessary federal 48.22 waivers.If by July 1, 1996, at least four counties have not48.23proposed a work focused plan, the commissioner of human services48.24may pursue the work first plan as provided under sections48.25256.7351 to 256.7359. However, a county with a work focus plan48.26that has been approved under this section may implement the plan.48.27 Sec. 31. Minnesota Statutes 1994, section 256D.06, is 48.28 amended by adding a subdivision to read: 48.29 Subd. 8. [RECOVERY OF OVERPAYMENTS.] For recipients 48.30 receiving benefits via electronic benefit transfer, if the 48.31 recipient is overpaid as a result of an automated teller machine 48.32 (ATM) dispensing funds in error to the recipient, the agency may 48.33 recover the overpayment by immediately withdrawing funds from 48.34 the recipient's electronic benefit transfer account, up to the 48.35 amount of the overpayment. 48.36 Sec. 32. Minnesota Statutes 1995 Supplement, section 49.1 256D.09, subdivision 1, is amended to read: 49.2 Subdivision 1. [PRESUMPTIVE ELIGIBILITY;VENDORPAYMENTS.] 49.3 Until the county agency has determined the initial eligibility 49.4 of the applicant in accordance with section 256D.07or 256D.051, 49.5 grants for emergency general assistance must be in the form of 49.6 vouchers or vendor payments unless the county agency determines 49.7 that a cash grant will best resolve the applicant's need for 49.8 emergency assistance. Thereafter, grants of general assistance 49.9 must be paid in cash, by electronic benefit transfer, or by 49.10 direct deposit into the recipient's account in a financial 49.11 institution, on the first day of the month, except as allowed in 49.12 this section. 49.13 Sec. 33. Minnesota Statutes 1994, section 256D.10, is 49.14 amended to read: 49.15 256D.10 [HEARINGS PRIOR TO REDUCTION; TERMINATION; 49.16 SUSPENSION OF GENERAL ASSISTANCE GRANTS.] 49.17 No grant of general assistance except one made pursuant to 49.18 section 256D.06, subdivision 2; 256D.051, subdivisions 1,49.19paragraph (d), and 1a, paragraph (b);, or 256D.08, subdivision 49.20 2, shall be reduced, terminated or suspended unless the 49.21 recipient receives notice and is afforded an opportunity to be 49.22 heard prior to any action by the county agency. 49.23 Nothing herein shall deprive a recipient of the right to 49.24 full administrative and judicial review of an order or 49.25 determination of a county agency as provided for in section 49.26 256.045 subsequent to any action taken by a county agency after 49.27 a prior hearing. 49.28 Sec. 34. Minnesota Statutes 1994, section 256D.49, 49.29 subdivision 3, is amended to read: 49.30 Subd. 3. [OVERPAYMENT OF MONTHLY GRANTS.] When the county 49.31 agency determines that an overpayment of the recipient's monthly 49.32 payment of Minnesota supplemental aid has occurred, it shall 49.33 issue a notice of overpayment to the recipient. If the person 49.34 is no longer receiving Minnesota supplemental aid, the county 49.35 agency may request voluntary repayment or pursue civil 49.36 recovery. If the person is receiving Minnesota supplemental 50.1 aid, the county agency shall recover the overpayment by 50.2 withholding an amount equal to three percent of the standard of 50.3 assistance for the recipient or the total amount of the monthly 50.4 grant, whichever is less. For recipients receiving benefits via 50.5 electronic benefit transfer, if the overpayment is a result of 50.6 an automated teller machine (ATM) dispensing funds in error to 50.7 the recipient, the agency may recover the overpayment by 50.8 immediately withdrawing funds from the recipient's electronic 50.9 benefit transfer account, up to the amount of the overpayment. 50.10 Residents of nursing homes, regional treatment centers, and 50.11 facilities with negotiated rates shall not have overpayments 50.12 recovered from their personal needs allowance. 50.13 Sec. 35. Minnesota Statutes 1994, section 256E.08, 50.14 subdivision 8, is amended to read: 50.15 Subd. 8. [REPORTING BY COUNTIES.] Beginning in calendar 50.16 year 1980 each county shall submit to the commissioner of human 50.17 services a financial accounting of the county's community social 50.18 services fund, and other data required by the commissioner under 50.19 section 256E.05, subdivision 3, paragraph (g), shall include: 50.20 (a) A detailed statement of income and expenses 50.21 attributable to the fund in the preceding quarter; and 50.22 (b) A statement of the source and application of all money 50.23 used for social services programs by the county during the 50.24 preceding quarter, including thenumber of clients served and50.25 expenditures for each service provided, as required by the 50.26 commissioner of human services. 50.27 In addition, each county shall submit to the commissioner 50.28 of human services no later than February 15 of each year, a 50.29 detailed balance sheet of the community social development fund 50.30 for the preceding calendar year. 50.31 If county boards have joined or designated human service 50.32 boards for purposes of providing community social services 50.33 programs, the county boards may submit a joint statement or the 50.34 human service board shall submit the statement, as applicable. 50.35 Sec. 36. [WAIVER AUTHORITY.] 50.36 The commissioner of human services shall seek federal 51.1 waivers as necessary to implement sections 10, 11, and 22. 51.2 Sec. 37. [SEVERABILITY.] 51.3 If any provision of sections 10, 11, 22, 23, and 36 is 51.4 found to be unconstitutional or void by a court of competent 51.5 jurisdiction, all remaining provisions of the law shall remain 51.6 valid and shall be given full effect. 51.7 Sec. 38. [REPEALER.] 51.8 Minnesota Statutes 1994, section 256.12, subdivision 22; 51.9 and Minnesota Statutes 1995 Supplement, section 256.736, 51.10 subdivisions 10b, 11, and 13, are repealed. 51.11 Sec. 39. [EFFECTIVE DATE.] 51.12 Section 26 is retroactive to July 1, 1995. 51.13 ARTICLE 3 51.14 CHILD CARE SERVICES 51.15 Section 1. [LEGISLATIVE POLICY.] 51.16 Subdivision 1. [LEGISLATIVE INTENT.] The legislature 51.17 intends to redesign child care services in a way that promotes 51.18 integration of child care into a coordinated system of services 51.19 for families and children that recognizes the developmental need 51.20 of children and supports working families. 51.21 Subd. 2. [AUTHORIZATION FOR DEVELOPING MODIFICATIONS TO 51.22 CHILD CARE FUND.] The commissioner of children, families, and 51.23 learning, in consultation with the commissioners of human 51.24 services, finance, economic security, revenue, health, and 51.25 planning, and the director of the higher education services 51.26 office is authorized to develop a proposal for modifications to 51.27 the child care fund to be presented to the 1997 legislature for 51.28 approval. These modifications shall be based on the need to 51.29 reduce child care assistance program administrative costs, 51.30 promote integrated service delivery, support low-income working 51.31 families, and support the essential infrastructure of a seamless 51.32 service and delivery system. The proposal must, to the extent 51.33 feasible, consolidate all income-based child care assistance 51.34 programs into a single nonentitlement program. The proposal 51.35 must be designed to make work pay, minimize the need for public 51.36 assistance, share responsibility for payment of care, support 52.1 parent choice, and ensure that healthy and safe child care is 52.2 available. 52.3 Subd. 3. [STRUCTURE OF CHILD CARE FUND.] The proposal 52.4 shall address: 52.5 (1) a capped allocation; 52.6 (2) to the extent possible, combining all child care 52.7 assistance programs into a single program; 52.8 (3) equal availability to all low-income families; 52.9 (4) managing funding limitations based on service 52.10 priorities and shared responsibility for payment; 52.11 (5) implementation of service priorities that focus funding 52.12 available on low-income working families; 52.13 (6) encouraging transition to higher income levels without 52.14 compromising continuity of care for children and with increased 52.15 cost-sharing responsibilities; 52.16 (7) maximizing funding available through child care tax 52.17 credits and child support orders; and 52.18 (8) promoting integration of existing early childhood, 52.19 family support, and parent education programs into programs that 52.20 meet the needs of working parents. 52.21 The child care fund services development program proposal 52.22 shall focus on increasing the capacity of appropriate care and 52.23 encouraging public and private partnerships in the child care 52.24 field. 52.25 The child care fund resource and referral program proposal 52.26 shall focus on continuing to assist parents in finding child 52.27 care, provide technical assistance and support to providers, and 52.28 promote public and private partnerships. 52.29 Sec. 2. [APPROPRIATION.] 52.30 $15,000,000 is appropriated from the general fund to the 52.31 commissioner of children, families, and learning for purposes of 52.32 increasing the funding to the basic sliding fee child care 52.33 program under Minnesota Statutes, section 256H.03, to be 52.34 available for the fiscal year ending June 30, 1997. This 52.35 appropriation shall become part of the base appropriation for 52.36 the biennium ending June 30, 1999. 53.1 ARTICLE 4 53.2 MNJOBS PROGRAM 53.3 Section 1. [256.7381] [MNJOBS PROGRAM.] 53.4 Subdivision 1. [CITATION.] Sections 256.7381 to 256.7387 53.5 may be cited as the MNJOBS program. 53.6 Subd. 2. [DEFINITIONS.] As used in sections 256.7381 to 53.7 256.7387, the following words have the meanings given them. 53.8 (a) "Recipient" means an individual who is receiving AFDC. 53.9 (b) "Caretaker" means a parent or eligible adult, including 53.10 a pregnant woman, who is part of the assistance unit that has 53.11 applied for or is receiving AFDC or a grant. 53.12 (c) "Child support" means a voluntary or court-ordered 53.13 payment by a noncustodial parent. 53.14 (d) "Employability development plan" or "EDP" means a plan 53.15 developed by the recipient, with advice from the employment 53.16 advisor, for the purposes of identifying an employment goal, 53.17 improving work skills through certification or education, 53.18 training or skills recertification, and which addresses barriers 53.19 to employment. 53.20 (e) "Employment advisor" means a provider staff person who 53.21 is qualified to assist the participant to develop a job search 53.22 or employability development plan, match the participant with 53.23 existing job openings, refer the participant to employers, and 53.24 has an extensive knowledge of employers in the area. 53.25 (f) "Financial specialist" means a program staff who is 53.26 trained to explain the benefits offered under the program, 53.27 determine eligibility for different assistance programs, and 53.28 broker other resources. 53.29 (g) "Job network" means people that a person may contact to 53.30 learn more about particular companies, inquire about job leads, 53.31 or discuss occupational interests and expertise. 53.32 (h) "Participant" means a recipient who is required to 53.33 participate in the MNJOBS program. 53.34 (i) "Program" means the MNJOBS program. 53.35 (j) "Provider" means an employment and training agency 53.36 certified by the commissioner of economic security under section 54.1 268.871, subdivision 1. 54.2 (k) "Suitable employment" means employment which meets 54.3 conditions set forth in section 256.736, subdivision 1, clause 54.4 (h). 54.5 Subd. 3. [ESTABLISHING THE MNJOBS PROGRAM.] Upon the 54.6 request of a county or counties, the commissioners of human 54.7 services and economic security may develop and establish the 54.8 MNJOBS program which requires recipients of AFDC to meet the 54.9 requirements of the MNJOBS program. The purpose of the program 54.10 is to: 54.11 (1) ensure that the participant is working as soon as 54.12 possible; 54.13 (2) promote a greater opportunity for economic 54.14 self-support, participation, and mobility in the work force; and 54.15 (3) minimize the risk for long-term welfare dependency. 54.16 Subd. 4. [COUNTY DESIGN; MNJOBS PROGRAM.] The commissioner 54.17 shall issue a notice to counties to submit a plan for developing 54.18 and implementing a MNJOBS program. The plan shall be consistent 54.19 with provisions of the program. 54.20 The commissioner shall not approve a county plan that would 54.21 have an adverse impact on the Minnesota family investment 54.22 program (MFIP). However, this does not preclude MFIP counties 54.23 from operating a MNJOBS program. If the plan meets the 54.24 requirements of MNJOBS, the commissioner shall approve the 54.25 county plan and the county may implement the plan. No county 54.26 may implement a MNJOBS program without an approved modification 54.27 to its local service unit plan in accordance with section 268.88. 54.28 Subd. 5. [PROGRAM ADMINISTRATION.] The program must be 54.29 administered in a way that, in addition to the county agency, 54.30 other sectors in the community, such as employers from the 54.31 public and private sectors, not-for-profit organizations, 54.32 educational and social service agencies, labor unions, and 54.33 community-based organizations, are involved. 54.34 Subd. 6. [PROGRAM DESIGN.] The purpose of the program is 54.35 to enable immediate labor force participation and to assist 54.36 families in achieving sustained self-sufficiency. The program 55.1 plan shall meet the following principles: 55.2 (1) work is the primary means of economic support; 55.3 (2) the individual's employment potential is reviewed 55.4 during the development of the EDP; 55.5 (3) public aid such as cash and medical assistance, child 55.6 care, child support, and other cash benefits are used to support 55.7 intensive job search and immediate work; and 55.8 (4) maximum use is made of tax credits to supplement income. 55.9 Subd. 7. [WAIVER REQUESTS.] The commissioner shall request 55.10 all waivers as soon as possible to implement the program. Upon 55.11 obtaining all necessary federal waivers, the commissioner shall 55.12 amend the state plans for the AFDC and the jobs opportunities 55.13 and basic skills program (JOBS), and supportive services plan to 55.14 coordinate these programs under the MNJOBS program for the 55.15 approved counties, and shall seek approval of state plan 55.16 amendments. The department shall request all necessary waivers 55.17 from federal laws and regulations. 55.18 Subd. 8. [DUTIES OF COMMISSIONER.] In addition to any 55.19 other duties imposed by law, the commissioner shall: 55.20 (1) request all waivers to implement the program; 55.21 (2) establish the MNJOBS program; 55.22 (3) provide systems development and staff training; 55.23 (4) accept and supervise the disbursement of any funds that 55.24 may be provided from other sources for use in the program; 55.25 (5) direct a study to safeguard the interests of children; 55.26 (6) approve county MNJOBS plans; and 55.27 (7) allocate program funds. 55.28 Subd. 9. [DUTIES OF COUNTY AGENCY.] The county agency 55.29 shall: 55.30 (1) collaborate with the commissioners of human services, 55.31 economic security, and other agencies to develop, implement, and 55.32 evaluate the demonstration of the MNJOBS program; 55.33 (2) operate the MNJOBS program in partnership with private 55.34 and public employers, workforce councils, labor unions, and 55.35 employment, educational, and social service agencies, and 55.36 according to subdivision 5; and 56.1 (3) ensure that program components such as client 56.2 orientation, immediate job search, job development, creation of 56.3 community work experience jobs, job placements, and 56.4 postplacement follow-up are implemented according to the MNJOBS 56.5 program. 56.6 Subd. 10. [DUTIES OF PARTICIPANT.] To be eligible for 56.7 AFDC, a participant shall cooperate with the county agency, the 56.8 provider, and the participant's employer in all aspects of the 56.9 program. 56.10 Sec. 2. [256.7382] [PROGRAM PARTICIPANTS; PROGRAM 56.11 EXPECTATIONS.] 56.12 All recipients selected for participation are expected to 56.13 meet the requirements under the MNJOBS program. 56.14 Caretakers who are exempt from MNJOBS may volunteer to 56.15 participate in the MNJOBS program. The caretaker will be 56.16 treated as a mandatory participant once an EDP is signed. 56.17 The MNJOBS program shall supersede the STRIDE program in 56.18 counties that operate a MNJOBS program. 56.19 Sec. 3. [256.7383] [PROGRAM REQUIREMENTS.] 56.20 Subdivision 1. [NOTIFICATION OF PROGRAM.] At the time of 56.21 the face-to-face interview, the AFDC applicant or recipient 56.22 being recertified shall be given a written referral to the 56.23 MNJOBS orientation and an appointment date for the EDP. 56.24 Orientation must be completed within ten days of the 56.25 face-to-face interview. The applicant or recipient shall also 56.26 be given the following information: 56.27 (1) notification that, as part of continued receipt of 56.28 AFDC, recipients are required to attend orientation, to be 56.29 followed immediately by a job search; 56.30 (2) the program provider, the date, time, and location of 56.31 the scheduled program orientation; 56.32 (3) the procedures for qualifying for and receiving 56.33 benefits under the program; 56.34 (4) the immediate availability of supportive services, 56.35 including, but not limited to, child care, transportation, 56.36 medical assistance, and other work-related aid; 57.1 (5) the rights, responsibilities, and obligations of 57.2 participants in the program, including, but not limited to, the 57.3 grounds for exemptions and deferrals, the consequences for 57.4 refusing or failing to participate fully, and the appeal 57.5 process; and 57.6 (6) a determination of whether they are exempt from job 57.7 search activity. 57.8 Subd. 2. [PROGRAM ORIENTATION.] The county agency or the 57.9 provider must give a face-to-face orientation regarding the 57.10 program to the applicant within ten days after the date of 57.11 face-to-face interview. The orientation must be designed to 57.12 inform the recipient of: 57.13 (1) the importance of locating and obtaining a job as soon 57.14 as possible; 57.15 (2) benefits to be provided to support work; 57.16 (3) how other supportive services such as medical 57.17 assistance, child care, transportation, and other work-related 57.18 aid shall be available to support job search and work; 57.19 (4) the consequences for failure without good cause to 57.20 comply with program requirements; and 57.21 (5) the appeal process. 57.22 Subd. 3. [EMPLOYMENT DEVELOPMENT PLAN.] At the end of 57.23 orientation, the provider must assign an employment advisor and 57.24 a financial specialist to the recipient. With advice from the 57.25 employment advisor, the recipient must develop an employment 57.26 development plan based on existing job markets, prior 57.27 employment, work experience, and transferable work skills, 57.28 unless exempt under subdivision 7. The plan must require 57.29 caretakers to participate in initial job search activities for 57.30 up to four consecutive weeks for at least 30 hours per week and 57.31 accept suitable employment if offered during participation in 57.32 MNJOBS. The job search activities must commence within 30 days 57.33 of the face-to-face interview. 57.34 Subd. 4. [JOB SEARCH ACTIVITIES.] The following job search 57.35 activities may be included in the job search plan: 57.36 (a) Job clubs, which shall consist of both of the following: 58.1 (1) job search workshops, which shall be group training 58.2 sessions where participants learn various job finding skills, 58.3 including training in basic job seeking skills, job development 58.4 skills, job interviewing skills, understanding employer 58.5 requirements and expectations, and how to enhance self-esteem, 58.6 self-image, and confidence; and 58.7 (2) supervised job search, which shall include, but not be 58.8 limited to, access to phone banks in a clean and well-lighted 58.9 place, job orders, direct referrals to employers, or other 58.10 organized methods of seeking work which are overseen, reviewed, 58.11 and critiqued by a trained employment professional. The amount 58.12 and type of activity required during this supervised job search 58.13 period shall be determined by the employment and training 58.14 service provider and the participant, based on the participant's 58.15 employment history and need for supportive services, and shall 58.16 be consistent with regulations developed by the employment and 58.17 service training provider. 58.18 (b) Unsupervised job search, where the individual shall 58.19 seek work in the individual's own way, and make periodic 58.20 progress reports no less frequently than every two weeks to the 58.21 employment and training service provider. 58.22 (c) Job placement, which shall include, but not be limited 58.23 to, referrals to jobs listed by employers. 58.24 (d) Job development, which shall be active assistance in 58.25 seeking employment provided to a participant by a training 58.26 employment professional on a one-to-one basis. 58.27 (e) Employment counseling, which shall be counseling aimed 58.28 at helping a person reach an informed decision on an appropriate 58.29 employment goal. 58.30 Subd. 5. [ACTIVITIES FOLLOWING INTENSE JOB SEARCH 58.31 ACTIVITIES.] (a) On completion of initial job search activities, 58.32 or determination that those services are not required, the 58.33 participant shall continue in additional job search activities 58.34 and be assigned to one or more of the following activities as 58.35 needed to attain the participant's employment goal: 58.36 (1) job training, which shall include, but is not limited 59.1 to, training employer-specific jobs skills in a classroom or 59.2 on-site setting, including training provided by local private 59.3 industry council programs; 59.4 (2)(i) community work experience, which shall include work 59.5 for a public or nonprofit agency that helps to provide basic job 59.6 skills; enhance existing job skills in a position related to a 59.7 participant's experience, training, or education; or provide a 59.8 needed community service. Community work experience will be 59.9 operated in accordance with section 256.737; and 59.10 (ii) the participant shall continue to seek employment 59.11 during the community work experience assignment and may request 59.12 job search services; 59.13 (3) adult basic education, which shall include reading, 59.14 writing, arithmetic, high school proficiency or general 59.15 education development certificate instruction, and 59.16 English-as-a-second-language (ESL), including vocational ESL, to 59.17 the extent necessary to attain the participant's employment 59.18 goal. Vocational ESL shall be intensive instruction in English 59.19 for non-English-speaking participants, coordinated with specific 59.20 job training; or 59.21 (4) college and community college education, when that 59.22 education provides employment skills training that can 59.23 reasonably be expected to lead to employment and be limited to 59.24 two years. 59.25 (b) The assignment to one or more of the program activities 59.26 as required in paragraph (a), shall be based on the employment 59.27 development plan developed after an assessment. The employment 59.28 plan shall be based, at a minimum, on consideration of the 59.29 individual's existing education level, employment experience and 59.30 goals, available program resources, and local labor market 59.31 opportunities. 59.32 (c) A participant who lacks basic literacy or mathematics 59.33 skills, a high school diploma or general education development 59.34 certificate, or English language skills, may be assigned to 59.35 participate in adult basic education, as appropriate and 59.36 necessary for achievement of the individual's employment goal. 60.1 (d) Except as provided in paragraph (a), clause (4), a 60.2 participant shall not be assigned to a program component for a 60.3 time that exceeds one year, or with respect to classroom 60.4 education or training, one academic year. The one-year period 60.5 may be extended, one time only, for a period not to exceed six 60.6 months if it is reasonable to expect that the component will be 60.7 completed within the extended period and the individual has been 60.8 unable to complete the component due to any of the following 60.9 circumstances: 60.10 (1) the individual's basic skills needs required more class 60.11 time than was estimated at the commencement of the component; 60.12 (2) the school or college did not offer required classes in 60.13 a sequence that permitted completion of the component program 60.14 within the prescribed time period; or 60.15 (3) the individual had a personal or family crisis that 60.16 resulted in the inability to complete the component without the 60.17 additional six-month period of attendance. 60.18 (e) Participation in activities assigned pursuant to this 60.19 section may be sequential or concurrent. The employment and 60.20 training service provider may require concurrent participation 60.21 in the assigned activities if it is appropriate to the 60.22 participant's abilities, consistent with the participant's 60.23 employment development plan, and the activities can be 60.24 concurrently scheduled. However, to the extent possible, 60.25 activities should be full time. The combined hours of 60.26 participation in assigned concurrent activities shall not exceed 60.27 32 hours per week for an individual who has primary 60.28 responsibility for personally providing care to a child under 60.29 six years of age or 40 hours per week for any other individual. 60.30 Subd. 6. [IMMEDIATE JOB SEARCH.] A recipient must be 60.31 required to begin job search activities within 30 days after the 60.32 face-to-face interview for at least 30 hours per week for up to 60.33 four weeks, unless exempt under subdivision 7 or deferred under 60.34 subdivision 9. For a recipient who is working at least 20 hours 60.35 per week, job search shall consist of 12 hours per week for up 60.36 to eight weeks. The recipient is required to carry out the 61.1 other activities under the EDP developed under subdivision 3. 61.2 Subd. 7. [EXEMPTION CATEGORIES.] The recipient will be 61.3 exempted from mandatory participation in all activities except 61.4 orientation, if the recipient belongs to any of the following 61.5 groups: 61.6 (1) caretakers under age 20 who have not completed a high 61.7 school education and are attending high school on a full-time 61.8 basis; 61.9 (2) individuals who are age 60 or older; 61.10 (3) individuals who are suffering from a professionally 61.11 certified permanent or temporary illness, injury, or incapacity 61.12 which is expected to continue for more than 30 days and which 61.13 prevents the person from obtaining or retaining employment; 61.14 (4) caretakers whose presence in the home is needed because 61.15 of illness or incapacity of another member in the household; 61.16 (5) women who are pregnant, if it has been medically 61.17 verified that the child is expected to be born within the next 61.18 six months; 61.19 (6) caretakers or other caretaker relatives of a child 61.20 under the age of three years who personally provide full-time 61.21 care for the child. In AFDC-UP cases, only one parent or other 61.22 relative may qualify for this exemption; 61.23 (7) individuals employed at least 30 hours per week; 61.24 (8) individuals for whom participation would require a 61.25 round trip commuting time by available transportation of more 61.26 than two hours, excluding transporting of children for child 61.27 care; or 61.28 (9) individuals under such duress that they are incapable 61.29 of participating in the program, as determined by the county. 61.30 Subd. 8. [AFDC-UP RECIPIENTS.] All recipients under the 61.31 AFDC-UP program will be required to meet the requirements in the 61.32 community work experience program under section 256.737. 61.33 Subd. 9. [EMPLOYABILITY DEVELOPMENT PLAN.] At the 61.34 discretion and approval of the employment advisor, the recipient 61.35 may be deferred from the requirement to conduct at least 30 61.36 hours of job search per week for up to four consecutive weeks, 62.1 if during the development of the EDP, the recipient is 62.2 determined to: 62.3 (1) be within 12 months of completing a post-secondary 62.4 training program that is likely to lead to employment. The 62.5 recipient must agree to develop and carry out an EDP which 62.6 includes jobs search immediately after the training is 62.7 completed; 62.8 (2) be in treatment for chemical dependency, be a victim of 62.9 domestic abuse, or be homeless, provided that the recipient 62.10 agrees to develop an EDP, and immediately follow through with 62.11 the activities in the EDP. The EDP must include specific 62.12 outcomes that the recipient must achieve for the duration of the 62.13 EDP and activities which are needed to address the issues 62.14 identified. Under this clause, the recipient may be deferred 62.15 for up to eight weeks; 62.16 (3) individuals for whom lack of proficiency in English is 62.17 a barrier to employment, provided such individuals are 62.18 successfully participating in an ESL program. Caretakers can be 62.19 deferred for ESL for no longer than 12 months. The EDP shall 62.20 establish an education plan which assigns caretakers to ESL 62.21 programs available in the community which provide the quickest 62.22 advancement of the caretaker's language skills; or 62.23 (4) individuals in need of refresher courses for purposes 62.24 of obtaining professional certification or licensure and the 62.25 plans are approved in the EDP. 62.26 Subd. 10. [DUTY TO REPORT.] The participant must 62.27 immediately inform the provider regarding any changes related to 62.28 the participant's employment status. 62.29 Sec. 4. [256.7384] [COMMUNITY WORK EXPERIENCE PROGRAM FOR 62.30 SINGLE-PARENT FAMILIES.] 62.31 To the extent that funds are available or appropriated, 62.32 AFDC recipients who are participating in the MNJOBS program and 62.33 are not working in unsubsidized employment within 24 months 62.34 shall be required to participate in a community work experience 62.35 program in accordance with section 256.737. 62.36 Sec. 5. [256.7385] [MOVE TO A DIFFERENT COUNTY.] 63.1 If the recipient who is required to participate in the 63.2 MNJOBS program moves to a different county, the benefits and 63.3 enabling services agreed upon in the self-sufficiency agreement 63.4 shall be provided by the pilot county where the recipient 63.5 originated, so long as the move was part of the job search or 63.6 EDP. If the recipient is moving to a different county and has 63.7 failed to comply with the requirements of the MNJOBS program, 63.8 the recipient will not be eligible for AFDC for at least six 63.9 months from the date of the move. 63.10 Sec. 6. [256.7386] [SANCTIONS AND APPEAL PROCESS.] 63.11 The same sanctions and appeals imposed and available to 63.12 recipients of AFDC under this chapter shall be imposed and 63.13 available to participants in the MNJOBS program. 63.14 Sec. 7. [256.7387] [BLOCK GRANT.] 63.15 (a) [FUNDING.] Funds allocated for food stamp employment 63.16 and training, employment and training STRIDE, and MFIP shall be 63.17 combined for the county to administer MNJOBS, MFIP, and food 63.18 stamp employment and training programs. The initial food stamp 63.19 employment and training allocation shall be available 63.20 irrespective of how many food stamp employment and training 63.21 participants are referred or available for activities. 63.22 (b) [LEVERAGING GRANT AMOUNT TO SECURE OTHER FUNDS.] The 63.23 county agency or the provider in cooperation with the 63.24 commissioner may leverage the grant amount to secure other funds 63.25 from employers, foundations, and the community for the purpose 63.26 of developing additional components to benefit children and 63.27 improve the program. 63.28 (c) [TRANSFER OF ACCESS CHILD CARE FUNDS.] Any 63.29 unencumbered ACCESS funds shall be transferred to the counties' 63.30 base sliding fee fund to be used to provide child care to AFDC 63.31 recipients beyond the one-year transition period. 63.32 Sec. 8. [WAIVER AUTHORITY.] 63.33 The commissioner of human services is authorized to seek 63.34 all necessary waivers to implement sections 1 to 7. The waiver 63.35 requests shall be submitted by the commissioner as part of the 63.36 federal waiver package authorized by Laws 1995, chapter 178, 64.1 article 2, section 46.