HF 3345

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; modifying several 
  1.3             provisions related to the Minnesota family investment 
  1.4             program-statewide (MFIP-S); amending local service 
  1.5             unit plans; amending Minnesota Statutes 1996, section 
  1.6             268.88; Minnesota Statutes 1997 Supplement, sections 
  1.7             119B.01, subdivision 16; 256.741, by adding a 
  1.8             subdivision; 256B.0635, by adding a subdivision; 
  1.9             256J.31, by adding a subdivision; 256J.42, by adding 
  1.10            subdivisions; 256J.45, subdivision 2; 256J.515; and 
  1.11            256J.52, subdivision 2, and by adding subdivisions. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.14  119B.01, subdivision 16, is amended to read: 
  1.15     Subd. 16.  [TRANSITION YEAR FAMILIES.] "Transition year 
  1.16  families" means families who have received AFDC for at least 
  1.17  three of the last six months before losing eligibility for AFDC 
  1.18  due to increased hours of employment, increased income from 
  1.19  employment or child or spousal support, or the loss of income 
  1.20  disregards due to time limitations.  "Transition year families" 
  1.21  also mean families who have received MFIP-S for at least three 
  1.22  of the last six months before opting to discontinue receiving 
  1.23  MFIP-S cash assistance. 
  1.24     Sec. 2.  Minnesota Statutes 1997 Supplement, section 
  1.25  256.741, is amended by adding a subdivision to read: 
  1.26     Subd. 2a.  [FAMILIES-FIRST DISTRIBUTION OF CHILD SUPPORT 
  1.27  ARREARAGES.] Child support collected on behalf of a family that 
  1.28  formerly received assistance under AFDC, MFIP, MFIP-R, MFIP-S, 
  2.1   or Work First must be distributed as follows: 
  2.2      (1) to the extent that the amount collected does not exceed 
  2.3   the amount required to be paid to the family for the month in 
  2.4   which collected, the state shall distribute the amount to the 
  2.5   family; and 
  2.6      (2) to the extent that the amount collected exceeds the 
  2.7   amount required to be paid to the family for the month in which 
  2.8   collected, the state shall distribute the amount as follows: 
  2.9      (i) the state shall first distribute the amount collected 
  2.10  to the family to the extent necessary to satisfy any support 
  2.11  arrearages accrued after the family ceased to receive assistance 
  2.12  from the state; and 
  2.13     (ii) the state shall then distribute the amount collected 
  2.14  to the family to the extent necessary to satisfy any support 
  2.15  arrearages with respect to the family that accrued before the 
  2.16  family received assistance from the state. 
  2.17     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  2.18  256B.0635, is amended by adding a subdivision to read: 
  2.19     Subd. 3.  [EXTENDED MEDICAL ASSISTANCE FOR MFIP-S 
  2.20  PARTICIPANTS WHO OPT TO DISCONTINUE MONTHLY CASH 
  2.21  ASSISTANCE.] Medical assistance is available to persons who 
  2.22  received MFIP-S in at least three of the six months preceding 
  2.23  the month in which the person opted to discontinue receiving 
  2.24  MFIP-S cash assistance under section 256J.31, subdivision 12.  A 
  2.25  person who is eligible for extended medical assistance under 
  2.26  this section may receive medical assistance without 
  2.27  reapplication as long as the person meets MFIP-S eligibility 
  2.28  requirements, unless the assistance unit does not include a 
  2.29  dependent child.  Medical assistance may be paid pursuant to 
  2.30  subdivisions 1 and 2 for persons who are no longer eligible for 
  2.31  MFIP-S due to increased employment or child support. 
  2.32     Sec. 4.  Minnesota Statutes 1997 Supplement, section 
  2.33  256J.31, is amended by adding a subdivision to read: 
  2.34     Subd. 12.  [RIGHT TO DISCONTINUE MFIP-S.] A participant may 
  2.35  discontinue MFIP-S and retain eligibility for transition-year 
  2.36  child care pursuant to section 119B.01 and extended medical 
  3.1   assistance pursuant to section 256B.0635. 
  3.2      Sec. 5.  Minnesota Statutes 1997 Supplement, section 
  3.3   256J.42, is amended by adding a subdivision to read: 
  3.4      Subd. 6.  [FAMILIES WITH DISABLED MEMBERS.] Any cash 
  3.5   assistance received by an assistance unit does not count toward 
  3.6   the 60-month limit on assistance during a month in which a 
  3.7   caregiver qualifies for an exemption from MFIP-S work 
  3.8   requirements because the caregiver belongs to one of the 
  3.9   following groups: 
  3.10     (1) individuals who are suffering from a professionally 
  3.11  certified permanent or temporary illness, injury, or incapacity 
  3.12  which is expected to continue for more than 30 days and which 
  3.13  prevents the person from obtaining or retaining employment; or 
  3.14     (2) caregivers whose presence in the home is required 
  3.15  because of the professionally certified illness or incapacity of 
  3.16  another member in the household. 
  3.17     Sec. 6.  Minnesota Statutes 1997 Supplement, section 
  3.18  256J.42, is amended by adding a subdivision to read: 
  3.19     Subd. 7.  [TREATMENT OF CASH ASSISTANCE LESS THAN $25.] If 
  3.20  a caregiver is eligible for no more than $25 of cash assistance 
  3.21  in any one month, the county agency, upon the request of the 
  3.22  caregiver, shall not issue that month of cash assistance and the 
  3.23  assistance shall not count toward the 60-month limit on 
  3.24  assistance.  The caregiver shall remain eligible for child care 
  3.25  and medical assistance.  After the amount of cash assistance 
  3.26  exceeds $25, the county agency shall issue the cash assistance 
  3.27  and count only the month of issuance against the 60-month limit 
  3.28  on assistance. 
  3.29     Sec. 7.  Minnesota Statutes 1997 Supplement, section 
  3.30  256J.45, subdivision 2, is amended to read: 
  3.31     Subd. 2.  [GENERAL INFORMATION.] The MFIP-S orientation 
  3.32  must consist of a presentation that informs caregivers of: 
  3.33     (1) the necessity to obtain immediate employment; 
  3.34     (2) the work incentives under MFIP-S; 
  3.35     (3) the requirement to comply with the employment plan and 
  3.36  other requirements of the employment and training services 
  4.1   component of MFIP-S; 
  4.2      (4) the consequences for failing to comply with the 
  4.3   employment plan and other program requirements; 
  4.4      (5) the rights, responsibilities, and obligations of 
  4.5   participants; 
  4.6      (6) the types and locations of child care services 
  4.7   available through the county agency; 
  4.8      (7) the availability and the benefits of the early 
  4.9   childhood health and developmental screening under sections 
  4.10  123.701 to 123.74; 
  4.11     (8) the caregiver's eligibility for transition year child 
  4.12  care assistance under section 119B.05; 
  4.13     (9) the caregiver's eligibility for extended medical 
  4.14  assistance when the caregiver loses eligibility for MFIP-S due 
  4.15  to increased earnings or increased child or spousal support; and 
  4.16     (10) the caregiver's option to choose an employment and 
  4.17  training provider and information about each provider, including 
  4.18  but not limited to, services offered, program components, job 
  4.19  placement rates, job placement wages, and job retention rates; 
  4.20  and 
  4.21     (11) the caregiver's option to request approval of an 
  4.22  education and training plan pursuant to section 256J.52. 
  4.23     Sec. 8.  Minnesota Statutes 1997 Supplement, section 
  4.24  256J.515, is amended to read: 
  4.25     256J.515 [OVERVIEW OF EMPLOYMENT AND TRAINING SERVICES.] 
  4.26     During the first meeting with participants, job counselors 
  4.27  must ensure that an overview of employment and training services 
  4.28  is provided that stresses the necessity and opportunity of 
  4.29  immediate employment, outlines the job search resources offered, 
  4.30  describes the range of work activities that are allowable under 
  4.31  MFIP-S to meet the individual needs of participants, explains 
  4.32  the requirements to comply with an employment plan and the 
  4.33  consequences for failing to comply, and explains the services 
  4.34  that are available to support job search and work. 
  4.35     Sec. 9.  Minnesota Statutes 1997 Supplement, section 
  4.36  256J.52, subdivision 2, is amended to read: 
  5.1      Subd. 2.  [INITIAL ASSESSMENT.] (a) The job counselor must, 
  5.2   with the cooperation of the participant, assess the 
  5.3   participant's ability to obtain and retain employment.  This 
  5.4   initial assessment must include a review of the participant's 
  5.5   education level, prior employment or work experience, 
  5.6   transferable work skills, and existing job markets.  The job 
  5.7   counselor must test each participant's literacy and math skills 
  5.8   as part of an initial assessment.  If a participant lacks basic 
  5.9   math or literacy skills, the participant must be allowed to 
  5.10  enroll in basic education activities as part of the 
  5.11  participant's job search support plan or employment plan.  A 
  5.12  participant with low-level math and literacy skills should not 
  5.13  be categorically assumed to be unemployable.  
  5.14     (b) In assessing the participant, the job counselor must 
  5.15  determine if the participant needs refresher courses for 
  5.16  professional certification or licensure, in which case, the job 
  5.17  search plan under subdivision 3 must include the courses 
  5.18  necessary to obtain the certification or licensure, in addition 
  5.19  to other work activities, provided the combination of the 
  5.20  courses and other work activities are at least for 40 hours per 
  5.21  week.  
  5.22     (c) If a participant can demonstrate to the satisfaction of 
  5.23  the county agency that lack of proficiency in English is a 
  5.24  barrier to obtaining suitable employment, the job counselor must 
  5.25  include participation in an intensive English as a second 
  5.26  language program if available or otherwise a regular English as 
  5.27  a second language program in the individual's employment plan 
  5.28  under subdivision 5.  Lack of proficiency in English is not 
  5.29  necessarily a barrier to employment.  
  5.30     (d) The job counselor may approve an education or training 
  5.31  plan, and postpone the job search requirement, if the 
  5.32  participant has a proposal for an education program which: 
  5.33     (1) can be completed within 12 months; 
  5.34     (2) meets the criteria of section 256J.53, subdivisions 2, 
  5.35  3, and 5; and 
  5.36     (3) is likely, without additional training, to lead to 
  6.1   monthly employment earnings which, after subtraction of the 
  6.2   earnings disregard under section 256J.21, equal or exceed the 
  6.3   family wage level for the participant's assistance unit. 
  6.4      (e) A participant who, at the time of the initial 
  6.5   assessment, presents a plan that includes farming as a 
  6.6   self-employed work activity must have an employment plan 
  6.7   developed under subdivision 5 that includes the farming as an 
  6.8   approved work activity. 
  6.9      Sec. 10.  Minnesota Statutes 1997 Supplement, section 
  6.10  256J.52, is amended by adding a subdivision to read: 
  6.11     Subd. 8.  [USE OF TEMPORARY EMPLOYMENT AGENCIES.] A 
  6.12  participant who obtains employment through a temporary 
  6.13  employment agency may not be prohibited by the temporary 
  6.14  employment agency from accepting permanent employment resulting 
  6.15  from a temporary placement. 
  6.16     Sec. 11.  Minnesota Statutes 1997 Supplement, section 
  6.17  256J.52, is amended by adding a subdivision to read: 
  6.18     Subd. 9.  [ADMINISTRATIVE SUPPORT FOR POSTEMPLOYMENT 
  6.19  EDUCATION AND TRAINING.] After a caregiver has been employed for 
  6.20  six consecutive months, or if the caregiver is working more than 
  6.21  20 hours per week, the caregiver's job counselor shall inform 
  6.22  the caregiver that the caregiver may request a secondary 
  6.23  assessment and shall provide information about: 
  6.24     (1) part-time education and training options available to 
  6.25  the caregiver; and 
  6.26     (2) child care and transportation resources available to 
  6.27  support postemployment education and training. 
  6.28     Sec. 12.  Minnesota Statutes 1996, section 268.88, is 
  6.29  amended to read: 
  6.30     268.88 [LOCAL SERVICE UNIT PLANS.] 
  6.31     (a) By April 15, 1991 1999, and by April 15 of each second 
  6.32  year thereafter, local service units shall prepare and submit to 
  6.33  the commissioner a plan that covers the next two state fiscal 
  6.34  years.  At least 30 days prior to submission of the plan, the 
  6.35  local service unit shall solicit comments from the public on the 
  6.36  contents of the proposed plan.  The commissioner shall notify 
  7.1   each local service unit within 60 days of receipt of its plan 
  7.2   that the plan has been approved or disapproved.  The plan must 
  7.3   include: 
  7.4      (1) a statement of objectives for the employment and 
  7.5   training services the local service unit administers; 
  7.6      (2) the establishment of job placement and job retention 
  7.7   goals, the establishment of public assistance caseload reduction 
  7.8   goals, and the strategies and programs that will be used to 
  7.9   achieve these goals; 
  7.10     (3) a statement of whether the goals from the preceding 
  7.11  year were met and an explanation if the local service unit 
  7.12  failed to meet the goals; 
  7.13     (4) the amount proposed to be allocated to each employment 
  7.14  and training service; 
  7.15     (5) the proposed types of employment and training services 
  7.16  the local service unit plans to utilize; 
  7.17     (6) a description of how the local service unit will use 
  7.18  funds provided under section 256.736 to meet the requirements of 
  7.19  that section.  The description must include the two work 
  7.20  programs required by section 256.736, subdivision 10, paragraph 
  7.21  (a), clause (13), what services will be provided, number of 
  7.22  clients served, per service expenditures, type of clients 
  7.23  served, and projected outcomes chapter 256J to meet the 
  7.24  requirements of that chapter.  The description must include what 
  7.25  services will be provided, per service expenditures, how many 
  7.26  employment and training slots the local service unit will 
  7.27  provide, how slots will be allocated between providers, how many 
  7.28  dollars the local service unit will provide per slot per 
  7.29  provider, how many participants per slot, the ratio of 
  7.30  participants per job counselor, and an accounting of proposed 
  7.31  uses for any residual funds not included in slot allocations to 
  7.32  providers; 
  7.33     (7) a report on the use of wage subsidies, grant 
  7.34  diversions, community investment programs, and other services 
  7.35  administered under this chapter; 
  7.36     (8) a performance review of the employment and training 
  8.1   service providers delivering employment and training services 
  8.2   for the local service unit; 
  8.3      (9) a copy of any contract between the local service unit 
  8.4   and an employment and training service provider including 
  8.5   expected outcomes and service levels for public assistance 
  8.6   clients; and 
  8.7      (10) a copy of any other agreements between educational 
  8.8   institutions, family support services, and child care providers; 
  8.9   and 
  8.10     (11) a description of how the local service unit ensures 
  8.11  compliance with section 256J.06, requiring community involvement 
  8.12  in the administration of MFIP-S. 
  8.13     (b) In counties with a city of the first class, the county 
  8.14  and the city shall develop and submit a joint plan.  The plan 
  8.15  may not be submitted until agreed to by both the city and the 
  8.16  county.  The plan must provide for the direct allocation of 
  8.17  employment and training money to the city and the county unless 
  8.18  waived by either.  If the county and the city cannot concur on a 
  8.19  plan, the commissioner shall resolve their dispute.  In counties 
  8.20  in which a federally recognized Indian tribe is operating an 
  8.21  employment and training program under an agreement with the 
  8.22  commissioner of human services, the plan must provide that the 
  8.23  county will coordinate its employment and training programs, 
  8.24  including developing a system for referrals, sanctions, and the 
  8.25  provision of supporting services such as access to child care 
  8.26  funds and transportation with programs operated by the Indian 
  8.27  tribe.  The plan may not be given final approval by the 
  8.28  commissioner until the tribal unit and county have submitted 
  8.29  written agreement on these provisions in the plan.  If the 
  8.30  county and Indian tribe cannot agree on these provisions, the 
  8.31  local service unit shall notify the commissioner of economic 
  8.32  security and the commissioners of economic security and human 
  8.33  services shall resolve the dispute.  
  8.34     (c) The commissioner may withhold the distribution of 
  8.35  employment and training money from a local service unit that 
  8.36  does not submit a plan to the commissioner by the date set by 
  9.1   this section, and shall withhold the distribution of employment 
  9.2   and training money from a local service unit whose plan has been 
  9.3   disapproved by the commissioner until an acceptable amended plan 
  9.4   has been submitted.  
  9.5      (d) Beginning April 15, 1992, and by April 15 of each 
  9.6   second year thereafter, local service units must prepare and 
  9.7   submit to the commissioner an interim year plan update that 
  9.8   deals with performance in that state fiscal year and changes 
  9.9   anticipated for the second year of the biennium.  The update 
  9.10  must include information about employment and training programs 
  9.11  addressed in the local service unit's two-year plan and shall be 
  9.12  completed in accordance with criteria established by the 
  9.13  commissioner. 
  9.14     Sec. 13.  [SCREENING AND REFERRAL PROCEDURES FOR 
  9.15  PARTICIPANTS WITH DRUG AND ALCOHOL PROBLEMS.] 
  9.16     The commissioner of human services shall develop procedures 
  9.17  for county agencies and their contractors to identify 
  9.18  participants who have alcohol or drug problems that require 
  9.19  treatment.  The procedures must provide for: 
  9.20     (1) the use of simplified written and verbal screening 
  9.21  tools as part of the intake process; 
  9.22     (2) referral for clinical assessment and appropriate 
  9.23  treatment, if needed; and 
  9.24     (3) training for caseworkers to administer the screening 
  9.25  protocols and refer participants to services.