HF 3976

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; establishing the work participation rate enhancement
program; amending Minnesota Statutes 2004, sections 119B.011, by adding
a subdivision; 119B.05, subdivision 1; 256J.021; 256J.08, subdivision 65;
256J.521, subdivisions 1, 2; 256J.53, subdivision 2, by adding a subdivision;
256J.626, subdivisions 1, 2, 3, 4; proposing coding for new law in Minnesota
Statutes, chapter 256J.

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

Section 1.

Minnesota Statutes 2004, section 119B.011, is amended by adding a
subdivision to read:

new text begin Subd. 23. new text end

new text begin Work participation rate enhancement program. new text end

new text begin "Work participation
rate enhancement program" means the program established under section 256J.575.
new text end

Sec. 2.

Minnesota Statutes 2004, section 119B.05, subdivision 1, is amended to read:

Subdivision 1.

Eligible participants.

Families eligible for child care assistance
under the MFIP child care program are:

(1) MFIP participants who are employed or in job search and meet the requirements
of section 119B.10;

(2) persons who are members of transition year families under section 119B.011,
subdivision 20, and meet the requirements of section 119B.10;

(3) families who are participating in employment orientation or job search, or
other employment or training activities that are included in an approved employability
development plan under section 256J.95;

(4) MFIP families who are participating in work job search, job support,
employment, or training activities as required in their employment plan, or in appeals,
hearings, assessments, or orientations according to chapter 256J;

(5) MFIP families who are participating in social services activities under chapter
256J as required in their employment plan approved according to chapter 256J;

(6) new text begin families who are participating in services or activities that are included in an
approved family stabilization plan under section 256J.575;
new text end

new text begin (7) new text end families who are participating in programs as required in tribal contracts under
section 119B.02, subdivision 2, or 256.01, subdivision 2; and

deleted text begin (7) deleted text end new text begin (8) new text end families who are participating in the transition year extension under section
119B.011, subdivision 20a.

Sec. 3.

Minnesota Statutes 2004, section 256J.021, is amended to read:

256J.021 deleted text begin SEPARATE deleted text end STATE deleted text begin PROGRAM FOR USE OF STATE MONEY deleted text end new text begin
PROGRAMS new text end .

new text begin (a) new text end Beginning October 1, deleted text begin 2001 deleted text end new text begin 2006 new text end , and each year thereafter, the commissioner of
human services must treat MFIP expenditures made to or on behalf of any minor child
under section 256J.02, subdivision 2, clause (1), who is a resident of this state under
section 256J.12, and who is part of a two-parent eligible household as expenditures under a
deleted text begin separately funded state deleted text end program deleted text begin and report those expenditures to the federal Department of
Health and Human Services as separate state program expenditures under Code of Federal
Regulations, title 45, section 263.5 deleted text end new text begin funded with state nonmaintenance of effort funds new text end .

new text begin (b) Beginning October 1, 2006, and each year thereafter, the commissioner of
human services must treat MFIP expenditures made to or on behalf of any minor child
under section 256J.02, subdivision 2, clause (1), who is a resident of this state under
section 256J.12, and who is part of a household participating in the work participation rate
enhancement program under section 256J.575, as expenditures under a program funded
with state nonmaintenance of effort funds.
new text end

Sec. 4.

Minnesota Statutes 2004, section 256J.08, subdivision 65, is amended to read:

Subd. 65.

Participant.

"Participant" means a person who is currently receiving cash
assistance or the food portion available through MFIP. A person who fails to withdraw
or access electronically any portion of the person's cash and food assistance payment by
the end of the payment month, who makes a written request for closure before the first
of a payment month and repays cash and food assistance electronically issued for that
payment month within that payment month, or who returns any uncashed assistance
check and food coupons and withdraws from the program is not a participant. A person
who withdraws a cash or food assistance payment by electronic transfer or receives and
cashes an MFIP assistance check or food coupons and is subsequently determined to be
ineligible for assistance for that period of time is a participant, regardless whether that
assistance is repaid. The term "participant" includes the caregiver relative and the minor
child whose needs are included in the assistance payment. A person in an assistance unit
who does not receive a cash and food assistance payment because the case has been
suspended from MFIP is a participant. A person who receives cash payments under the
diversionary work program under section 256J.95 is a participant. new text begin A person who receives
cash payments under the work participation rate enhancement program under section
256J.575 is a participant. new text end

Sec. 5.

Minnesota Statutes 2004, section 256J.521, subdivision 1, is amended to read:

Subdivision 1.

Assessments.

(a) For purposes of MFIP employment services,
assessment is a continuing process of gathering information related to employability for
the purpose of identifying both participant's strengths and strategies for coping with
issues that interfere with employment. The job counselor must use information from the
assessment process to develop and update the employment plan under subdivision 2 or 3,
as appropriate, deleted text begin and deleted text end to determine whether the participant qualifies for a family violence
waiver including an employment plan under subdivision 3 new text begin , and to determine whether
the participant should be referred to the work participation rate enhancement program
under section 256J.575 new text end .

(b) The scope of assessment must cover at least the following areas:

(1) basic information about the participant's ability to obtain and retain employment,
including: a review of the participant's education level; interests, skills, and abilities; prior
employment or work experience; transferable work skills; child care and transportation
needs;

(2) identification of personal and family circumstances that impact the participant's
ability to obtain and retain employment, including: any special needs of the children, the
level of English proficiency, family violence issues, and any involvement with social
services or the legal system;

(3) the results of a mental and chemical health screening tool designed by the
commissioner and results of the brief screening tool for special learning needs. Screening
tools for mental and chemical health and special learning needs must be approved by the
commissioner and may only be administered by job counselors or county staff trained in
using such screening tools. The commissioner shall work with county agencies to develop
protocols for referrals and follow-up actions after screens are administered to participants,
including guidance on how employment plans may be modified based upon outcomes
of certain screens. Participants must be told of the purpose of the screens and how the
information will be used to assist the participant in identifying and overcoming barriers to
employment. Screening for mental and chemical health and special learning needs must
be completed by participants who are unable to find suitable employment after six weeks
of job search under subdivision 2, paragraph (b), and participants who are determined to
have barriers to employment under subdivision 2, paragraph (d). Failure to complete the
screens will result in sanction under section 256J.46; and

(4) a comprehensive review of participation and progress for participants who have
received MFIP assistance and have not worked in unsubsidized employment during
the past 12 months. The purpose of the review is to determine the need for additional
services and supports, including placement in subsidized employment or unpaid work
experience under section 256J.49, subdivision 13 new text begin , or referral to the work participation rate
enhancement program under section 256J.575 new text end .

(c) Information gathered during a caregiver's participation in the diversionary work
program under section 256J.95 must be incorporated into the assessment process.

(d) The job counselor may require the participant to complete a professional chemical
use assessment to be performed according to the rules adopted under section 254A.03,
subdivision 3, including provisions in the administrative rules which recognize the cultural
background of the participant, or a professional psychological assessment as a component
of the assessment process, when the job counselor has a reasonable belief, based on
objective evidence, that a participant's ability to obtain and retain suitable employment
is impaired by a medical condition. The job counselor may assist the participant with
arranging services, including child care assistance and transportation, necessary to meet
needs identified by the assessment. Data gathered as part of a professional assessment
must be classified and disclosed according to the provisions in section 13.46.

Sec. 6.

Minnesota Statutes 2004, section 256J.521, subdivision 2, is amended to read:

Subd. 2.

Employment plan; contents.

(a) Based on the assessment under
subdivision 1, the job counselor and the participant must develop an employment plan
that includes participation in activities and hours that meet the requirements of section
256J.55, subdivision 1. The purpose of the employment plan is to identify for each
participant the most direct path to unsubsidized employment and any subsequent steps that
support long-term economic stability. The employment plan should be developed using
the highest level of activity appropriate for the participant. Activities must be chosen from
clauses (1) to (6), which are listed in order of preference. Notwithstanding this order of
preference for activities, priority must be given for activities related to a family violence
waiver when developing the employment plan. The employment plan must also list the
specific steps the participant will take to obtain employment, including steps necessary
for the participant to progress from one level of activity to another, and a timetable for
completion of each step. Levels of activity include:

(1) unsubsidized employment;

(2) job search;

(3) subsidized employment or unpaid work experience;

(4) unsubsidized employment and job readiness education or job skills training;

(5) unsubsidized employment or unpaid work experience and activities related to
a family violence waiver or preemployment needs; and

(6) activities related to a family violence waiver or preemployment needs.

(b) Participants who are determined to possess sufficient skills such that the
participant is likely to succeed in obtaining unsubsidized employment must job search at
least 30 hours per week for up to six weeks and accept any offer of suitable employment.
The remaining hours necessary to meet the requirements of section 256J.55, subdivision
1, may be met through participation in other work activities under section 256J.49,
subdivision 13. The participant's employment plan must specify, at a minimum: (1)
whether the job search is supervised or unsupervised; (2) support services that will
be provided; and (3) how frequently the participant must report to the job counselor.
Participants who are unable to find suitable employment after six weeks must meet
with the job counselor to determine whether other activities in paragraph (a) should be
incorporated into the employment plan. Job search activities which are continued after six
weeks must be structured and supervised.

(c) Beginning July 1, 2004, activities and hourly requirements in the employment
plan may be adjusted as necessary to accommodate the personal and family circumstances
of participants identified under section 256J.561, subdivision 2, paragraph (d). Participants
who no longer meet the provisions of section 256J.561, subdivision 2, paragraph (d),
must meet with the job counselor within ten days of the determination to revise the
employment plan.

(d) Participants who are determined to have barriers to obtaining or retaining
employment that will not be overcome during six weeks of job search under paragraph (b)
must work with the job counselor to develop an employment plan that addresses those
barriers by incorporating appropriate activities from paragraph (a), clauses (1) to (6). The
employment plan must include enough hours to meet the participation requirements in
section 256J.55, subdivision 1, unless a compelling reason to require fewer hours is noted
in the participant's file.

(e) The job counselor and the participant must sign the employment plan to indicate
agreement on the contents. Failure to develop or comply with activities in the plan, or
voluntarily quitting suitable employment without good cause, will result in the imposition
of a sanction under section 256J.46.

(f) Employment plans must be reviewed at least every three months to determine
whether activities and hourly requirements should be revised. new text begin The job counselor is
encouraged to allow participants who are participating in at least 20 hours of work
activities to also participate in employment and training activities in order to meet the
federal hourly participation rates.
new text end

Sec. 7.

Minnesota Statutes 2004, section 256J.53, subdivision 2, is amended to read:

Subd. 2.

Approval of postsecondary education or training.

deleted text begin (a) In order for a
postsecondary education or training program to be an approved activity in an employment
plan, the participant must be working in unsubsidized employment at least 20 hours per
week.
deleted text end

deleted text begin (b) deleted text end new text begin (a) new text end Participants seeking approval of a postsecondary education or training plan
must provide documentation that:

(1) the employment goal can only be met with the additional education or training;

(2) there are suitable employment opportunities that require the specific education or
training in the area in which the participant resides or is willing to reside;

(3) the education or training will result in significantly higher wages for the
participant than the participant could earn without the education or training;

(4) the participant can meet the requirements for admission into the program; and

(5) there is a reasonable expectation that the participant will complete the training
program based on such factors as the participant's MFIP assessment, previous education,
training, and work history; current motivation; and changes in previous circumstances.

deleted text begin (c) deleted text end new text begin (b) new text end The hourly unsubsidized employment requirement does not apply for
intensive education or training programs lasting 12 weeks or less when full-time
attendance is required.

deleted text begin (d) deleted text end new text begin (c) new text end Participants with an approved employment plan in place on July 1, 2003,
which includes more than 12 months of postsecondary education or training shall be
allowed to complete that plan provided that hourly requirements in section 256J.55,
subdivision 1, and conditions specified in paragraph deleted text begin (b) deleted text end new text begin (a) new text end , and subdivisions 3 and 5 are
met. A participant whose case is subsequently closed for three months or less for reasons
other than noncompliance with program requirements and who returns to MFIP shall
be allowed to complete that plan provided that hourly requirements in section 256J.55,
subdivision 1, and conditions specified in paragraph deleted text begin (b) deleted text end new text begin (a) new text end and subdivisions 3 and 5 are
met.

Sec. 8.

Minnesota Statutes 2004, section 256J.53, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Employment while attending postsecondary education. new text end

new text begin For the first
12 months of education, the participant may work, but there is no work requirement.
For the subsequent 12 months of education, the participant must work in unsubsidized
employment at least 20 hours per week.
new text end

Sec. 9.

new text begin [256J.575] WORK PARTICIPATION RATE ENHANCEMENT
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin (a) The work participation rate enhancement program
(WORK PREP) is Minnesota's cash assistance program to serve families who are not
making significant progress within MFIP due to a variety of barriers to employment.
new text end

new text begin (b) The goal of this program is to stabilize and improve the lives of families at
risk of long-term welfare dependency or family instability due to employment barriers
such as physical disability, mental disability, age, and caring for a disabled household
member. WORK PREP provides services to promote and support families to achieve the
greatest possible degree of self-sufficiency. Counties may provide supportive and other
allowable services funded by the MFIP consolidated fund under section 256J.626 to
eligible participants.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin The terms used in this section have the meanings given them
in paragraphs (a) to (d).
new text end

new text begin (a) The "work participation rate enhancement program" means the program
established under this section.
new text end

new text begin (b) "Case management" means the services provided by or through the county agency
to participating families, including assessment, information, referrals, and assistance in the
preparation and implementation of a family stabilization plan under subdivision 5.
new text end

new text begin (c) "Family stabilization plan" means a plan developed by a case manager and
the participant, which identifies the participant's most appropriate path to unsubsidized
employment, family stability, and barrier reduction, taking into account the family's
circumstances.
new text end

new text begin (d) "Family stabilization services" means programs, activities, and services in this
section that provide participants and their family members with assistance regarding,
but not limited to:
new text end

new text begin (1) obtaining and retaining unsubsidized employment;
new text end

new text begin (2) family stability;
new text end

new text begin (3) economic stability; and
new text end

new text begin (4) barrier reduction.
new text end

new text begin The goal of the program is to achieve the greatest degree of economic self-sufficiency
and family well-being possible for the family under the circumstances.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin (a) The following MFIP or DWP participants are eligible for
the program under this section:
new text end

new text begin (1) a participant identified under section 256J.561, subdivision 2, paragraph (d), who
has or is eligible for an employment plan developed under section 256J.521, subdivision
2, paragraph (c);
new text end

new text begin (2) a participant identified under section 256J.95, subdivision 12, paragraph (b), as
unlikely to benefit from the diversionary work program;
new text end

new text begin (3) a participant who meets the requirements for or has been granted a hardship
extension under section 256J.425, subdivision 2 or 3; and
new text end

new text begin (4) a participant who is applying for supplemental security income or Social Security
disability insurance.
new text end

new text begin (b) Families must meet all other eligibility requirements for MFIP established in
this chapter. Families are eligible for financial assistance to the same extent as if they
were participating in MFIP.
new text end

new text begin Subd. 4. new text end

new text begin Universal participation. new text end

new text begin All caregivers must participate in family
stabilization services as defined in subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Case management; family stabilization plans; coordinated services. new text end

new text begin (a)
The county agency shall provide family stabilization services to families through a case
management model. A case manager shall be assigned to each participating family within
30 days after the family begins to receive financial assistance as a participant of the work
participation rate enhancement program. The case manager, with the full involvement
of the family, shall recommend, and the county agency shall establish and modify as
necessary, a family stabilization plan for each participating family.
new text end

new text begin (b) The family stabilization plan shall include:
new text end

new text begin (1) each participant's plan for long-term self-sufficiency, including an employment
goal where applicable;
new text end

new text begin (2) an assessment of each participant's strengths and barriers, and any special
circumstances of the participant's family that impact, or are likely to impact, the
participant's progress towards the goals in the plan; and
new text end

new text begin (3) an identification of the services, supports, education, training, and
accommodations needed to overcome any barriers to enable the family to achieve
self-sufficiency and to fulfill each caregiver's personal and family responsibilities.
new text end

new text begin (c) The case manager and the participant must meet within 30 days of the family's
referral to the case manager. The initial family stabilization plan shall be completed within
30 days of the first meeting with the case manager. The case manager shall establish a
schedule for periodic review of the family stabilization plan that includes personal contact
with the participant at least once per month. In addition, the case manager shall review
and modify if necessary the plan under the following circumstances:
new text end

new text begin (1) there is a lack of satisfactory progress in achieving the goals of the plan;
new text end

new text begin (2) the participant has lost unsubsidized or subsidized employment;
new text end

new text begin (3) a family member has failed to comply with a family stabilization plan
requirement;
new text end

new text begin (4) services required by the plan are unavailable; or
new text end

new text begin (5) changes to the plan are needed to promote the well-being of the children.
new text end

new text begin (d) Family stabilization plans under this section shall be written for a period of
time not to exceed six months.
new text end

new text begin Subd. 6. new text end

new text begin Cooperation with program requirements. new text end

new text begin (a) To be eligible, a participant
must comply with paragraphs (b) to (f).
new text end

new text begin (b) Participants shall engage in family stabilization plan activities listed in clause (1)
or (2) for the number of hours per week that the activities are scheduled and available,
unless good cause exists for not doing so, as defined in section 256J.57, subdivision 1:
new text end

new text begin (1) in single-parent families with no children under six years of age, the case
manager and the participant must develop a family stabilization plan that includes 30 to 35
hours per week of activities; and
new text end

new text begin (2) in single-parent families with a child under six years of age, the case manager
and the participant must develop a family stabilization plan that includes 20 to 35 hours
per week of activities.
new text end

new text begin (c) The case manager shall review the participant's progress toward the goals in the
family stabilization plan every six months to determine whether conditions have changed,
including whether revisions to the plan are needed.
new text end

new text begin (d) When the participant has increased participation in work-related activities
sufficient to meet the federal participation requirements of TANF, the county agency shall
refer the participant to the MFIP program and assign the participant to a job counselor.
The participant and the job counselor must meet within 15 days of referral to MFIP to
develop an employment plan under section 256J.521. No reapplication is necessary and
financial assistance shall continue without interruption.
new text end

new text begin (e) Participants who have not increased their participation in work activities
sufficient to meet the federal participation requirements of TANF may request a referral to
the MFIP program and assignment to a job counselor after 12 months in the program.
new text end

new text begin (f) A participant's requirement to comply with any or all family stabilization plan
requirements under this subdivision shall be excused when the case management services,
training and educational services, and family support services identified in the participant's
family stabilization plan are unavailable for reasons beyond the control of the participant,
including when money appropriated is not sufficient to provide the services.
new text end

new text begin Subd. 7. new text end

new text begin Sanctions. new text end

new text begin (a) The financial assistance grant of a participating family shall
be reduced, according to section 256J.46, if a participating adult fails without good cause
to comply or continue to comply with the family stabilization plan requirements in this
subdivision, unless compliance has been excused under subdivision 6, paragraph (f).
new text end

new text begin (b) Given the purpose of the work participation rate enhancement program in this
section and the nature of the underlying family circumstances that act as barriers to both
employment and full compliance with program requirements, sanctions are appropriate
only when it is clear that there is both the ability to comply and willful noncompliance on
the part of the participant, as confirmed by a behavioral health or medical professional.
new text end

new text begin (c) Prior to the imposition of a sanction, the county agency must review the
participant's case to determine if the family stabilization plan is still appropriate and
meet with the participants face-to-face. The participant may bring an advocate to the
face-to-face meeting. If a face-to-face meeting is not conducted, the county agency must
send the participant a written notice that includes the information required under clause (1):
new text end

new text begin (1) during the face-to-face meeting, the county agency must:
new text end

new text begin (i) determine whether the continued noncompliance can be explained and mitigated
by providing a needed family stabilization service, as defined in subdivision 2, paragraph
(d);
new text end

new text begin (ii) determine whether the participant qualifies for a good cause exception under
section 256J.57, or if the sanction is for noncooperation with child support requirements,
determine if the participant qualifies for a good cause exemption under section 256.741,
subdivision 10;
new text end

new text begin (iii) determine whether activities in the family stabilization plan are appropriate
based on the family's circumstances;
new text end

new text begin (iv) explain the consequences of continuing noncompliance;
new text end

new text begin (v) identify other resources that may be available to the participant to meet the
needs of the family; and
new text end

new text begin (vi) inform the participant of the right to appeal under section 256J.40; and
new text end

new text begin (2) if the lack of an identified activity or service can explain the noncompliance, the
county must work with the participant to provide the identified activity.
new text end

new text begin (d) After the requirements of paragraph (c) are met and prior to imposition of a
sanction, the county agency shall provide a notice of intent to sanction under section
256J.57, subdivision 2, and, when applicable, a notice of adverse action as provided
in section 256J.31.
new text end

new text begin (e) Section 256J.57 applies to this section except to the extent that it is modified
by this subdivision.
new text end

Sec. 10.

new text begin [256J.621] WORK PARTICIPATION BONUS.
new text end

new text begin Upon exiting the diversionary work program (DWP) or upon terminating MFIP cash
assistance with earnings, a participant who is employed and working 24 hours a week may
be eligible for transitional assistance of $50 per month to assist in meeting the family's
basic needs as the participant continues to move toward self-sufficiency.
new text end

new text begin To be eligible for a transitional assistance payment, the participant must not receive
MFIP cash assistance or diversionary work program assistance during the month and
must be employed an average of at least 24 hours a week. Transitional assistance shall
be available for a maximum of 12 months from the date the participant exited the
diversionary work program or terminated MFIP cash assistance.
new text end

new text begin The commissioner shall establish minimal policies and develop forms to verify
eligibility for transitional assistance. The commissioner is authorized to change or
modify the provisions of this section in order to comply with federal rules or regulations
promulgated as a result of federal legislation passed in February 2006.
new text end

new text begin Expenditures on the transitional assistance program shall be nonmaintenance of
effort state funds. Months in which a participant receives transitional assistance under this
section shall not count toward the participant's MFIP 60-month time limit.
new text end

Sec. 11.

Minnesota Statutes 2004, section 256J.626, subdivision 1, is amended to read:

Subdivision 1.

Consolidated fund.

The consolidated fund is established to support
counties and tribes in meeting their duties under this chapter. Counties and tribes must
use funds from the consolidated fund to develop programs and services that are designed
to improve participant outcomes as measured in section 256J.751, subdivision 2 new text begin , and
to provide case management services to participants of the work participation rate
enhancement program new text end . Counties may use the funds for any allowable expenditures under
subdivision 2. Tribes may use the funds for any allowable expenditures under subdivision
2, except those in clauses (1) and (6).

Sec. 12.

Minnesota Statutes 2004, section 256J.626, subdivision 2, is amended to read:

Subd. 2.

Allowable expenditures.

(a) The commissioner must restrict expenditures
under the consolidated fund to benefits and services allowed under title IV-A of the federal
Social Security Act. Allowable expenditures under the consolidated fund may include, but
are not limited to:

(1) short-term, nonrecurring shelter and utility needs that are excluded from the
definition of assistance under Code of Federal Regulations, title 45, section 260.31, for
families who meet the residency requirement in section 256J.12, subdivisions 1 and 1a.
Payments under this subdivision are not considered TANF cash assistance and are not
counted towards the 60-month time limit;

(2) transportation needed to obtain or retain employment or to participate in other
approved work activities new text begin or activities under a family stabilization plan new text end ;

(3) direct and administrative costs of staff to deliver employment services for MFIP
deleted text begin or deleted text end new text begin , new text end the diversionary work program, new text begin or the work participation rate enhancement program; new text end
to administer financial assistance deleted text begin , deleted text end new text begin ; new text end and to provide specialized services intended to assist
hard-to-employ participants to transition to work new text begin or transition from the work participation
rate enhancement program to MFIP new text end ;

(4) costs of education and training including functional work literacy and English as
a second language;

(5) cost of work supports including tools, clothing, boots, and other work-related
expenses;

(6) county administrative expenses as defined in Code of Federal Regulations, title
45, section 260(b);

(7) services to parenting and pregnant teens;

(8) supported work;

(9) wage subsidies;

(10) child care needed for MFIP deleted text begin or deleted text end new text begin , the new text end diversionary work program new text begin , or the work
participation rate enhancement program new text end participants to participate in social services;

(11) child care to ensure that families leaving MFIP or diversionary work program
will continue to receive child care assistance from the time the family no longer qualifies
for transition year child care until an opening occurs under the basic sliding fee child
care program; deleted text begin and
deleted text end

(12) services to help noncustodial parents who live in Minnesota and have minor
children receiving MFIP or DWP assistance, but do not live in the same household as the
child, obtain or retain employment new text begin ; and
new text end

new text begin (13) services to help families participating in the work participation rate
enhancement program achieve the greatest possible degree of self-sufficiency new text end .

(b) Administrative costs that are not matched with county funds as provided in
subdivision 8 may not exceed 7.5 percent of a county's or 15 percent of a tribe's allocation
under this section. The commissioner shall define administrative costs for purposes of
this subdivision.

Sec. 13.

Minnesota Statutes 2004, section 256J.626, subdivision 3, is amended to read:

Subd. 3.

Eligibility for services.

Families with a minor child, a pregnant woman,
or a noncustodial parent of a minor child receiving assistance, with incomes below 200
percent of the federal poverty guideline for a family of the applicable size, are eligible
for services funded under the consolidated fund. Counties and tribes must give priority
to families currently receiving MFIP deleted text begin or deleted text end new text begin , the new text end diversionary work program, new text begin or the work
participation rate enhancement program, new text end and families at risk of receiving MFIP or
diversionary work program.

Sec. 14.

Minnesota Statutes 2004, section 256J.626, subdivision 4, is amended to read:

Subd. 4.

County and tribal biennial service agreements.

(a) Effective January 1,
2004, and each two-year period thereafter, each county and tribe must have in place an
approved biennial service agreement related to the services and programs in this chapter.
In counties with a city of the first class with a population over 300,000, the county must
consider a service agreement that includes a jointly developed plan for the delivery of
employment services with the city. Counties may collaborate to develop multicounty,
multitribal, or regional service agreements.

(b) The service agreements will be completed in a form prescribed by the
commissioner. The agreement must include:

(1) a statement of the needs of the service population and strengths and resources
in the community;

(2) numerical goals for participant outcomes measures to be accomplished during
the biennial period. The commissioner may identify outcomes from section 256J.751,
subdivision 2, as core outcomes for all counties and tribes;

(3) strategies the county or tribe will pursue to achieve the outcome targets.
Strategies must include specification of how funds under this section will be used and may
include community partnerships that will be established or strengthened; deleted text begin and
deleted text end

(4) new text begin strategies the county or tribe will pursue under the work participation rate
enhancement program; and
new text end

new text begin (5) new text end other items prescribed by the commissioner in consultation with counties and
tribes.

(c) The commissioner shall provide each county and tribe with information needed
to complete an agreement, including: (1) information on MFIP cases in the county or
tribe; (2) comparisons with the rest of the state; (3) baseline performance on outcome
measures; and (4) promising program practices.

(d) The service agreement must be submitted to the commissioner by October 15,
2003, and October 15 of each second year thereafter. The county or tribe must allow
a period of not less than 30 days prior to the submission of the agreement to solicit
comments from the public on the contents of the agreement.

(e) The commissioner must, within 60 days of receiving each county or tribal service
agreement, inform the county or tribe if the service agreement is approved. If the service
agreement is not approved, the commissioner must inform the county or tribe of any
revisions needed prior to approval.

(f) The service agreement in this subdivision supersedes the plan requirements
of section 116L.88.