HF 530

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

A bill for an act
relating to human services; changing provisions of
certain child support services; amending Minnesota
Statutes 2004, sections 256J.08, by adding a
subdivision; 256J.09, subdivision 2; 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 256J.08, is
amended by adding a subdivision to read:

new text begin Subd. 90. new text end

new text begin Non-public assistance iv-d. new text end

new text begin A "non-public
assistance IV-D" child support case means a case where services
under title IV-D of the Social Security Act, United States Code,
title 42, section 654(4), are provided to an applicant who is
eligible for child support collection and enforcement services
as defined in section 256J.091, due to the potential eligibility
for public assistance under section 256.741, if child support is
not received.
new text end

Sec. 2.

Minnesota Statutes 2004, section 256J.09,
subdivision 2, is amended to read:

Subd. 2.

County agency responsibility to provide
information.

When a person inquires about assistance, new text begin including
assistance under section 256J.091, new text end a county agency must:

(1) explain the eligibility requirements of, and how to
apply for any assistance for which the person may be eligible;
and

(2) offer the person brochures developed or approved by the
commissioner that describe how to apply for assistance.

Sec. 3.

new text begin [256J.091] NON-PUBLIC ASSISTANCE IV-D CHILD
SUPPORT SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Eligibility determination. new text end

new text begin Verification
of eligibility for non-public assistance IV-D child support
services is based upon an assessment by the local agency. The
public authority has a pecuniary interest when verified by a
determination of need, based on a showing that if the support
payments are not received on a regular and timely basis, the
applicant would be entitled to receive public assistance under
section 256.741.
new text end

new text begin Subd. 2. new text end

new text begin Where to apply. new text end

new text begin An individual must apply for
non-public assistance IV-D child support services at the county
agency in the county where the applicant lives.
new text end

new text begin Subd. 3. new text end

new text begin Submitting application. new text end

new text begin An application under
this section must be submitted using application procedures that
conform to section 256J.09, subdivision 3.
new text end

new text begin Subd. 4. new text end

new text begin Notice and verification of information on
application. new text end

new text begin The parties must be notified of the receipt of the
application and the verification process via United States mail
at the last known address or at the address of the closest known
relative within 30 days. If no known address or relatives exist
for either parent or other custodial third party, proof of a
good faith effort by the county agency to determine an address
must be shown. The notification must also include an
explanation of the legal and administrative implications of
participation in the program. If by mistake or inadvertence the
agency fails to send the notification to the other parent, the
application is void. For the purposes of determining
eligibility, an assessment must be completed by the public
authority to verify the accuracy of all information provided by
the applicant and the non-applicant parent. The local agency
must document the steps taken in the verification process on a
form prescribed by the commissioner. The documents must be
approved and signed by the county attorney as to form and
content before issuing the final determination. Upon completion
of the assessment, the agency must notify the parties of the
final decision, the date on which the services will become
effective, and the procedures for contesting the approval or
denial of services according to section 484.702.
new text end

new text begin Subd. 5. new text end

new text begin Hearing. new text end

new text begin Upon approval or denial of the
application and upon motion of either parent or the person
standing in loco parentis, a hearing must be granted within 30
days of notification of the application, pursuant to section
256.045, subdivision 3, for a party to contest the assessment
determination.
new text end

new text begin Subd. 6. new text end

new text begin Right to appeal the approval or denial of
application. new text end

new text begin An applicant, the other parent, or the person
standing in loco parentis aggrieved by an action or inaction of
a county agency has a right to an appeal hearing under section
256.045, subdivision 3.
new text end

new text begin Subd. 7. new text end

new text begin Review process. new text end

new text begin Recipients of services under
this section are subject to annual review for eligibility and
applicants must provide updated information as requested by the
agency. Based upon agency review, if there has been a
determination that the recipient is no longer eligible for
non-public assistance IV-D child support services, the agency
shall notify both parents or the person standing in loco
parentis of the change in circumstances and close the case.
new text end

new text begin Subd. 8. new text end

new text begin Agency duties. new text end

new text begin The commissioner shall promptly
instruct all local county service agencies to review all
non-public assistance IV-D child support cases to ensure
compliance with eligibility under this section within a time
period prescribed by the commissioner. The local agency shall
immediately serve termination notice to all ineligible
non-public assistance IV-D child support cases.
new text end