HF 2609

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; 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 of full-time English as a second language 
  8.27  (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 ESL may 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 in full-time intensive ESL activities for up to six 
  9.21  months prior to participation in job search with 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) Resides Has 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 a caretaker relative who is 
 13.7   the person who is under age 18 and who is either the birth 
 13.8   parent of the dependent a 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 to case management services under 
 16.29  subdivision 11 the 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 with case management employment 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 
 18.35  the Code 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  child required to participate who 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 on assistance units whose basis of eligibility is 
 21.30  unemployed parent or incapacitated parent a two-parent family, 
 21.31  cash payments may continue to the nonsanctioned caretaker 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 a principal wage 
 22.3   earner in a family whose basis of eligibility is the 
 22.4   unemployment of a parent in a two-parent family and the 
 22.5   nonprincipal wage earner other parent is not participating in an 
 22.6   approved employment and training service, the needs of both the 
 22.7   principal and nonprincipal wage earner parents 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) provide all caretakers 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 encourage voluntary participation by caretakers in the target 
 22.30  groups in 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) encourage nontarget caretakers to develop a plan to 
 23.1   obtain self-sufficiency; 
 23.2      (8) notify the commissioner of the caretakers required to 
 23.3   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, job 
 23.12  search, 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 for AFDC-UP 
 23.15  two-parent families, and case management services are made 
 23.16  available to appropriate caretakers under this section, except 
 23.17  that payment for case management services is governed by 
 23.18  subdivision 13 and 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 that target caretakers 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 least 40 60 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; and 
 26.16     (17) assess each caretaker in an AFDC-UP a 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 a target 
 27.14  caretaker relocates to another county to implement the 
 27.15  provisions of the caretaker's case management contract or other 
 27.16  written employability development plan approved by the county 
 27.17  human service agency, its case manager or its employment and 
 27.18  training service provider, the county that approved the plan is 
 27.19  responsible for the costs of case management and other services 
 27.20  required to carry out the plan, including employment and 
 27.21  training 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 of case management, 
 27.28  child care, and other services required in an approved 
 27.29  employability development plan when the nontarget caretaker 
 27.30  relocates to another county or when a target caretaker 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 caretakers with a continued absence or incapacitated parent 
 28.4   basis of eligibility who 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 caretakers with an unemployed parent basis of eligibility 
 28.8   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; and 
 29.19     (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 MANAGERS EMPLOYMENT 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 for case 
 31.18  management services with a certified employment and training 
 31.19  service provider.  Uncertified counties and contracting agencies 
 31.20  may provide case management services 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 in subdivision 11 this section.  
 31.28  Counties that contract with another agency for case management 
 31.29  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 individualized contracts 
 31.36  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 each AFDC-UP two-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 
 33.17  non-AFDC-UP caretakers 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 be by check or electronic 
 34.17  means in 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 must reside have 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 assistance under section 256D.05, and payments under 
 37.2   section 256D.051 and 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 so in 
 37.7   any 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 documentation 
 37.19     (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 rules to be adopted by the commissioner; or 
 37.26     (4) by providing other persuasive evidence to show that the 
 37.27  applicant is a resident of the state, according to rules adopted 
 37.28  by 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 of sections section 256D.01, subdivision 1a, and 
 38.5   256D.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.051 but 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.05 or 
 39.3   256D.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) unless all adults in the family are exempt under 
 44.20  section 256D.051, subdivision 3a, one each adult in the family 
 44.21  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 the family unit receives general assistance 
 44.24  benefits.  If the household contains more than one nonexempt 
 44.25  adult, the adults may determine which adult must participate.  
 44.26  The designation may be changed once annually at the annual 
 44.27  redetermination of eligibility.  If no designation is made or if 
 44.28  the adults cannot agree, the county agency shall designate the 
 44.29  adult having earned the greater of the incomes, including 
 44.30  in-kind income, during the 24-month period immediately preceding 
 44.31  the month of application for general assistance, as the adult 
 44.32  that must participate.  When there are no earnings or when 
 44.33  earnings are identical for each adult, the county agency shall 
 44.34  designate which adult must participate.  The recipient's 
 44.35  participation must begin on no 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.  If the an 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.  Unless all adult members of 
 46.6   the food stamp household are exempt under subdivision 3a, one 
 46.7   nonexempt each adult recipient in each household the unit must 
 46.8   participate in the food stamp employment and training program 
 46.9   each month that the household person is eligible for food stamps 
 46.10  , up to a maximum period of six calendar months during any 12 
 46.11  consecutive calendar month period.  If the household contains 
 46.12  more than one nonexempt adult, the adults may determine which 
 46.13  adult must participate.  The designation may be changed only 
 46.14  once annually at the annual redetermination of eligibility.  If 
 46.15  no designation is made or if the adults cannot agree, the county 
 46.16  agency shall designate the adult having earned the greater of 
 46.17  the incomes, including in-kind income, during the 24-month 
 46.18  period immediately preceding the month of application for food 
 46.19  stamp benefits, as the adult that must participate.  When there 
 46.20  are no earnings or when earnings are identical for each adult, 
 46.21  the county agency shall designate the adult that must 
 46.22  participate.  The person's participation in food stamp 
 46.23  employment and training services must begin on no later than the 
 46.24  first day of the calendar month following the date determination 
 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 following the end of the six-month mandatory 
 46.30  participation period termination 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 not 
 48.23  proposed a work focused plan, the commissioner of human services 
 48.24  may pursue the work first plan as provided under sections 
 48.25  256.7351 to 256.7359.  However, a county with a work focus plan 
 48.26  that 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; VENDOR PAYMENTS.] 
 49.3   Until the county agency has determined the initial eligibility 
 49.4   of the applicant in accordance with section 256D.07 or 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, 
 49.19  paragraph (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 the number of clients served and 
 50.25  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.