HF 3635

as introduced - 86th Legislature (2009 - 2010) Posted on 03/11/2010 09:33am

A bill for an act
relating to human services; modifying the Minnesota family investment program
provisions; amending Minnesota Statutes 2008, section 256J.24, subdivision 6;
Minnesota Statutes 2009 Supplement, section 256J.425, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 256J.24, subdivision 6, is amended to read:

Subd. 6.

Family cap.

(a) MFIP assistance units shall not receive an increase in the
cash portion of the transitional standard as a result of the birth of a child, unless one of
the conditions under paragraph (b) is met. The child shall be considered a member of the
assistance unit according to subdivisions 1 to 3, but shall be excluded in determining
family size for purposes of determining the amount of the cash portion of the transitional
standard under subdivision 5. The child shall be included in determining family size for
purposes of determining the food portion of the transitional standard. The transitional
standard under this subdivision shall be the total of the cash and food portions as specified
in this paragraph. The family wage level under this subdivision shall be based on the
family size used to determine the food portion of the transitional standard.

(b) A child shall be included in determining family size for purposes of determining
the amount of the cash portion of the MFIP transitional standard when at least one of
the following conditions is met:

(1) for families receiving MFIP assistance on July 1, 2003, the child is born to the
adult parent before May 1, 2004;

(2) for families who apply for the diversionary work program under section 256J.95
or MFIP assistance on or after July 1, 2003, the child is born to the adult parent within
ten months of the date the family is eligible for assistance;

(3) the child was conceived as a result of a sexual assault or incest, provided that the
incident has been reported to a law enforcement agency;

(4) the child's mother is a minor caregiver as defined in section 256J.08, subdivision
59, and the child, or multiple children, are the mother's first birth; deleted text begin or deleted text end

(5) new text begin the child is the mother's first child subsequent to a pregnancy that resulted in
a live birth; or
new text end

new text begin (6) new text end any child previously excluded in determining family size under paragraph
(a) shall be included if the adult parent or parents have not received benefits from the
diversionary work program under section 256J.95 or MFIP assistance in the previous ten
months. An adult parent or parents who reapply and have received benefits from the
diversionary work program or MFIP assistance in the past ten months shall be under the
ten-month grace period of their previous application under clause (2).

(c) Income and resources of a child excluded under this subdivision, except child
support received or distributed on behalf of this child, must be considered using the same
policies as for other children when determining the grant amount of the assistance unit.

(d) The caregiver must assign support and cooperate with the child support
enforcement agency to establish paternity and collect child support on behalf of the
excluded child. Failure to cooperate results in the sanction specified in section 256J.46,
subdivisions 2 and 2a. Current support paid on behalf of the excluded child shall be
distributed according to section 256.741, subdivision 15.

(e) County agencies must inform applicants of the provisions under this subdivision
at the time of each application and at recertification.

(f) Children excluded under this provision shall be deemed MFIP recipients for
purposes of child care under chapter 119B.

Sec. 2.

Minnesota Statutes 2009 Supplement, section 256J.425, subdivision 3, is
amended to read:

Subd. 3.

Hard-to-employ participants.

(a) An assistance unit subject to the time
limit in section 256J.42, subdivision 1, is eligible to receive months of assistance under
a hardship extension if the participant who reached the time limit belongs to any of the
following groups:

(1) a person who is diagnosed by a licensed physician, psychological practitioner, or
other qualified professional, as developmentally disabled or mentally ill, and the condition
severely limits the person's ability to obtain or maintain suitable employment;

(2) a person who:

(i) has been assessed by a vocational specialist or the county agency to be
unemployable for purposes of this subdivision; or

(ii) has an IQ below 80 who has been assessed by a vocational specialist or a county
agency to be employable, but the condition severely limits the person's ability to obtain or
maintain suitable employment. The determination of IQ level must be made by a qualified
professional. In the case of a non-English-speaking person: (A) the determination must
be made by a qualified professional with experience conducting culturally appropriate
assessments, whenever possible; (B) the county may accept reports that identify an
IQ range as opposed to a specific score; (C) these reports must include a statement of
confidence in the results;

(3) a person who is determined by a qualified professional to be learning disabled,
and the condition severely limits the person's ability to obtain or maintain suitable
employment. For purposes of the initial approval of a learning disability extension, the
determination must have been made or confirmed within the previous 12 months. In the
case of a non-English-speaking person: (i) the determination must be made by a qualified
professional with experience conducting culturally appropriate assessments, whenever
possible; and (ii) these reports must include a statement of confidence in the results. If a
rehabilitation plan for a participant extended as learning disabled is developed or approved
by the county agency, the plan must be incorporated into the employment plan. However,
a rehabilitation plan does not replace the requirement to develop and comply with an
employment plan under section 256J.521; or

(4) a person who has been granted a family violence waiver, and who is complying
with an employment plan under section 256J.521, subdivision 3.

(b) For purposes of this deleted text begin section deleted text end new text begin chapter new text end , "severely limits the person's ability to obtain
or maintain suitable employment" means that a qualified professional has determined that
the person's condition prevents the person from working 20 or more hours per week. new text begin A
person who meets the requirements of paragraph (a), clause (2), item (ii), or paragraph
(a), clause (3), is presumed to have a condition that severely limits the person's ability
to obtain or maintain suitable employment if the person has been unable to obtain or
maintain 20 hours per week of employment for a period of six months.
new text end