SF 966

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to welfare; changing MFIP sanctions; amending 
  1.3             Minnesota Statutes 1998, sections 256J.46; and 
  1.4             256J.57, subdivisions 1 and 2. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 256J.46, is 
  1.7   amended to read: 
  1.8      256J.46 [SANCTIONS.] 
  1.9      Subdivision 1.  [SANCTIONS FOR PARTICIPANTS NOT COMPLYING 
  1.10  WITH PROGRAM REQUIREMENTS.] (a) A participant who fails without 
  1.11  good cause to comply with the requirements of this chapter, and 
  1.12  who is not subject to a sanction under subdivision 2, shall be 
  1.13  subject to a sanction as provided in this subdivision. 
  1.14     A sanction under this subdivision becomes effective the 
  1.15  month following the month in which a required notice is given.  
  1.16  A sanction must not be imposed when a participant comes into 
  1.17  compliance with the requirements for orientation under section 
  1.18  256J.45 or third-party liability for medical services under 
  1.19  section 256J.30, subdivision 10, prior to the effective date of 
  1.20  the sanction.  A sanction must not be imposed when a participant 
  1.21  comes into compliance with the requirements for employment and 
  1.22  training services under sections 256J.49 to 256J.72 ten days 
  1.23  prior to the effective date of the sanction.  For purposes of 
  1.24  this subdivision, each month that a participant fails to comply 
  1.25  with a requirement of this chapter shall be considered a 
  2.1   separate occurrence of noncompliance.  A participant who has had 
  2.2   one or more sanctions imposed must remain in compliance with the 
  2.3   provisions of this chapter for six months in order for a 
  2.4   subsequent occurrence of noncompliance to be considered a first 
  2.5   occurrence.  
  2.6      (b) Sanctions for noncompliance shall be imposed as follows:
  2.7      (1) For the first occurrence of noncompliance by a 
  2.8   participant in a single-parent household or by one participant 
  2.9   in a two-parent household, the assistance unit's grant shall be 
  2.10  reduced by ten percent of the MFIP-S transitional standard, the 
  2.11  shared household standard, or the interstate transitional 
  2.12  standard for an assistance unit of the same size, whichever is 
  2.13  applicable, with the residual paid to the participant.  The 
  2.14  reduction in the grant amount must be in effect for a minimum of 
  2.15  one month and shall be removed in the month following the month 
  2.16  that the participant returns to compliance participant must meet 
  2.17  with a job counselor to discuss the barriers to compliance, and 
  2.18  work together to rectify the problem.  
  2.19     (2) For the second occurrence of noncompliance by a 
  2.20  participant in a single-parent household or by one participant 
  2.21  in a two-parent household, the assistance unit's grant shall be 
  2.22  reduced by five percent of the MFIP-S transitional standard, the 
  2.23  shared household standard, or the interstate transitional 
  2.24  standard for an assistance unit of the same size, whichever is 
  2.25  applicable, with the residual paid to the participant.  The 
  2.26  reduction in the grant amount must be in effect for a minimum of 
  2.27  one month and shall be removed in the month following the month 
  2.28  that the participant returns to compliance.  
  2.29     (3) For a second third or subsequent occurrence of 
  2.30  noncompliance, or when both participants in a two-parent 
  2.31  household are out of compliance at the same time, the assistance 
  2.32  unit's shelter costs shall be vendor paid up to the amount of 
  2.33  the cash portion of the MFIP-S grant for which the participant's 
  2.34  assistance unit is eligible.  At county option, the assistance 
  2.35  unit's utilities may also be vendor paid up to the amount of the 
  2.36  cash portion of the MFIP-S grant remaining after vendor payment 
  3.1   of the assistance unit's shelter costs.  The residual amount of 
  3.2   the grant after vendor payment, if any, must be reduced by an 
  3.3   amount equal to 30 ten percent of the MFIP-S transitional 
  3.4   standard, the shared household standard, or the interstate 
  3.5   transitional standard for an assistance unit of the same size, 
  3.6   whichever is applicable, before the residual is paid to the 
  3.7   assistance unit.  The reduction in the grant amount must be in 
  3.8   effect for a minimum of one month and shall be removed in the 
  3.9   month following the month that a participant in a one-parent 
  3.10  household returns to compliance.  In a two-parent household, the 
  3.11  grant reduction must be in effect for a minimum of one month and 
  3.12  shall be removed in the month following the month both 
  3.13  participants return to compliance.  The vendor payment of 
  3.14  shelter costs and, if applicable, utilities shall be removed six 
  3.15  months after the month in which the participant or participants 
  3.16  return to compliance. 
  3.17     (4) The food portion of the MFIP-S grant must not be 
  3.18  sanctioned.  
  3.19     (c) No later than during the second month that a sanction 
  3.20  under paragraph (b), clause (2) (3), is in effect due to 
  3.21  noncompliance with employment services, the participant's case 
  3.22  file must be reviewed to determine if: 
  3.23     (i) the continued noncompliance can be explained and 
  3.24  mitigated by providing a needed preemployment activity, as 
  3.25  defined in section 256J.49, subdivision 13, clause (16); 
  3.26     (ii) the participant qualifies for a good cause exception 
  3.27  under section 256J.57; or 
  3.28     (iii) the participant qualifies for an exemption under 
  3.29  section 256J.56. 
  3.30     If the lack of an identified activity can explain the 
  3.31  noncompliance, the county must work with the participant to 
  3.32  provide the identified activity, and the county must restore the 
  3.33  participant's grant amount to the full amount for which the 
  3.34  assistance unit is eligible.  The grant must be restored 
  3.35  retroactively to the first day of the month in which the 
  3.36  participant was found to lack preemployment activities or to 
  4.1   qualify for an exemption or good cause exception. 
  4.2      If the participant is found to qualify for a good cause 
  4.3   exception or an exemption, the county must restore the 
  4.4   participant's grant to the full amount for which the assistance 
  4.5   unit is eligible.  
  4.6      Subd. 1a.  [TRANSITIONAL RULE; SANCTIONS FOR AFDC, FAMILY 
  4.7   GA, STRIDE, ACCESS, MFIP, OR MFIP-R RECIPIENTS.] For purposes of 
  4.8   determining a sanction under subdivision 1, for the first 
  4.9   occurrence of noncompliance with a provision of this chapter or 
  4.10  with section 256.741, if enacted, a recipient of assistance 
  4.11  under AFDC, family general assistance, STRIDE, ACCESS, MFIP, or 
  4.12  MFIP-R who was under a sanction in the month immediately 
  4.13  preceding the receipt of assistance under MFIP-S shall be 
  4.14  subject to sanction as provided in subdivision 1, paragraph (b), 
  4.15  clause (1).  The reduction in grant amount must be in effect for 
  4.16  a minimum of one month.  For a second or subsequent occurrence 
  4.17  of noncompliance, the sanction shall be as provided in 
  4.18  subdivision 1, paragraph (b), clause (2).  For a third or 
  4.19  subsequent occurrence of noncompliance, the sanction must be as 
  4.20  provided in subdivision 1, paragraph (b), clause (3). 
  4.21     Subd. 2.  [SANCTIONS FOR REFUSAL TO COOPERATE WITH SUPPORT 
  4.22  REQUIREMENTS.] The grant of an MFIP-S caregiver who refuses to 
  4.23  cooperate, as determined by the child support enforcement 
  4.24  agency, with support requirements under section 256.741, shall 
  4.25  be subject to sanction as specified in this subdivision.  The 
  4.26  assistance unit's grant must be reduced by 25 percent of the 
  4.27  applicable transitional standard.  The residual amount of the 
  4.28  grant, if any, must be paid to the caregiver.  A sanction under 
  4.29  this subdivision becomes effective the first month following the 
  4.30  month in which a required notice is given.  A sanction must not 
  4.31  be imposed when a caregiver comes into compliance with the 
  4.32  requirements under section 256.741 prior to the effective date 
  4.33  of the sanction.  The sanction shall be removed in the month 
  4.34  following the month that the caregiver cooperates with the 
  4.35  support requirements.  Each month that an MFIP-S caregiver fails 
  4.36  to comply with the requirements of section 256.741 must be 
  5.1   considered a separate occurrence of noncompliance.  An MFIP-S 
  5.2   caregiver who has had one or more sanctions imposed must remain 
  5.3   in compliance with the requirements of section 256.741 for six 
  5.4   months in order for a subsequent sanction to be considered a 
  5.5   first occurrence. 
  5.6      Subd. 2a.  [DUAL SANCTIONS.] (a) Notwithstanding the 
  5.7   provisions of subdivisions 1 and 2, for a participant subject to 
  5.8   a sanction for refusal to comply with child support requirements 
  5.9   under subdivision 2 and subject to a concurrent sanction for 
  5.10  refusal to cooperate with other program requirements under 
  5.11  subdivision 1, sanctions shall be imposed in the manner 
  5.12  prescribed in this subdivision. 
  5.13     A participant who has had one or more sanctions imposed 
  5.14  under this subdivision must remain in compliance with the 
  5.15  provisions of this chapter for six months in order for a 
  5.16  subsequent occurrence of noncompliance to be considered a first 
  5.17  occurrence.  Any vendor payment of shelter costs or utilities 
  5.18  under this subdivision must remain in effect for six months 
  5.19  after the month in which the participant is no longer subject to 
  5.20  sanction under subdivision 1. 
  5.21     (b) If the participant was subject to sanction for: 
  5.22     (i) noncompliance under subdivision 1 before being subject 
  5.23  to sanction for noncooperation under subdivision 2; or 
  5.24     (ii) noncooperation under subdivision 2 before being 
  5.25  subject to sanction for noncompliance under subdivision 1; 
  5.26  the participant shall be sanctioned as provided in subdivision 
  5.27  1, paragraph (b), clause (2) (3), and the requirement that the 
  5.28  county conduct a review as specified in subdivision 1, paragraph 
  5.29  (c), remains in effect. 
  5.30     (c) A participant who first becomes subject to sanction 
  5.31  under both subdivisions 1 and 2 in the same month is subject to 
  5.32  sanction as follows: 
  5.33     (i) in the first month of noncompliance and noncooperation, 
  5.34  the participant's grant must be reduced by 25 percent of the 
  5.35  applicable transitional standard, with any residual amount paid 
  5.36  to the participant; 
  6.1      (ii) in the second and subsequent months of noncompliance 
  6.2   and noncooperation, the participant shall be sanctioned as 
  6.3   provided in subdivision 1, paragraph (b), clause (2) (3). 
  6.4      The requirement that the county conduct a review as 
  6.5   specified in subdivision 1, paragraph (c), remains in effect. 
  6.6      (d) A participant remains subject to sanction under 
  6.7   subdivision 2 if the participant: 
  6.8      (i) returns to compliance and is no longer subject to 
  6.9   sanction under subdivision 1; or 
  6.10     (ii) has the sanction under subdivision 1, paragraph (b), 
  6.11  removed upon completion of the review under subdivision 1, 
  6.12  paragraph (c). 
  6.13     A participant remains subject to sanction under subdivision 
  6.14  1, paragraph (b), if the participant cooperates and is no longer 
  6.15  subject to sanction under subdivision 2. 
  6.16     Sec. 2.  Minnesota Statutes 1998, section 256J.57, 
  6.17  subdivision 1, is amended to read: 
  6.18     Subdivision 1.  [GOOD CAUSE FOR FAILURE TO COMPLY.] The 
  6.19  county agency shall not impose the sanction under section 
  6.20  256J.46 if it determines that the participant has good cause for 
  6.21  failing to comply with the requirements of sections 256J.52 to 
  6.22  256J.55.  Good cause exists when: 
  6.23     (1) appropriate child care is not available; 
  6.24     (2) the job does not meet the definition of suitable 
  6.25  employment; 
  6.26     (3) the participant is ill or injured; 
  6.27     (4) a member of the assistance unit, a relative in the 
  6.28  household, or a foster child in the household is ill and needs 
  6.29  care by the participant that prevents the participant from 
  6.30  complying with the job search support plan or employment plan; 
  6.31     (5) the parental caregiver is unable to secure necessary 
  6.32  transportation; 
  6.33     (6) the parental caregiver is in an emergency situation 
  6.34  that prevents compliance with the job search support plan or 
  6.35  employment plan; 
  6.36     (7) the schedule of compliance with the job search support 
  7.1   plan or employment plan conflicts with judicial proceedings; 
  7.2      (8) a mandatory MFIP meeting is scheduled during a time 
  7.3   that conflicts with a judicial proceeding or a meeting related 
  7.4   to a juvenile court matter, or a participant's work schedule; 
  7.5      (9) the parental caregiver is already participating in 
  7.6   acceptable work activities; 
  7.7      (9) (10) the employment plan requires an educational 
  7.8   program for a caregiver under age 20, but the educational 
  7.9   program is not available; 
  7.10     (10) (11) activities identified in the job search support 
  7.11  plan or employment plan are not available; 
  7.12     (11) (12) the parental caregiver is willing to accept 
  7.13  suitable employment, but suitable employment is not available; 
  7.14  or 
  7.15     (12) (13) the parental caregiver documents other verifiable 
  7.16  impediments to compliance with the job search support plan or 
  7.17  employment plan beyond the parental caregiver's control. 
  7.18     The job counselor shall work with the participant to 
  7.19  reschedule mandatory meetings for individuals who fall under 
  7.20  clauses (1), (3), (4), (5), (6), (7), and (8). 
  7.21     Sec. 3.  Minnesota Statutes 1998, section 256J.57, 
  7.22  subdivision 2, is amended to read: 
  7.23     Subd. 2.  [NOTICE OF INTENT TO SANCTION.] (a) When a 
  7.24  participant fails without good cause to comply with the 
  7.25  requirements of sections 256J.52 to 256J.55, the job counselor 
  7.26  or the county agency must provide a notice of intent to sanction 
  7.27  to the participant specifying the program requirements that were 
  7.28  not complied with, informing the participant that the county 
  7.29  agency will impose the sanctions specified in section 256J.46, 
  7.30  and informing the participant of the opportunity to request a 
  7.31  conciliation conference as specified in paragraph (b).  The 
  7.32  notice must also state that the participant's continuing 
  7.33  noncompliance with the specified requirements will result in 
  7.34  additional sanctions under section 256J.46, without the need for 
  7.35  additional notices or conciliation conferences under this 
  7.36  subdivision.  If the participant does not request a conciliation 
  8.1   conference within ten 15 calendar days of the mailing of the 
  8.2   notice of intent to sanction, the job counselor must notify the 
  8.3   county agency that the assistance payment should be reduced.  
  8.4   The county must then send a notice of adverse action to the 
  8.5   participant informing the participant of the sanction that will 
  8.6   be imposed, the reasons for the sanction, the effective date of 
  8.7   the sanction, and the participant's right to have a fair hearing 
  8.8   under section 256J.40. 
  8.9      (b) The participant may request a conciliation conference 
  8.10  by sending a written request, by making a telephone request, or 
  8.11  by making an in-person request.  The request must be received 
  8.12  within ten 20 calendar days of the date the county agency mailed 
  8.13  the ten-day notice of intent to sanction.  If a timely request 
  8.14  for a conciliation is received, the county agency's service 
  8.15  provider must conduct the conference within five days of the 
  8.16  request.  The job counselor's supervisor, or a designee of the 
  8.17  supervisor, must review the outcome of the conciliation 
  8.18  conference.  If the conciliation conference resolves the 
  8.19  noncompliance, the job counselor must promptly inform the county 
  8.20  agency and request withdrawal of the sanction notice. 
  8.21     (c) Upon receiving a sanction notice, the participant may 
  8.22  request a fair hearing under section 256J.40, without exercising 
  8.23  the option of a conciliation conference.  In such cases, the 
  8.24  county agency shall not require the participant to engage in a 
  8.25  conciliation conference prior to the fair hearing. 
  8.26     (d) If the participant requests a fair hearing or a 
  8.27  conciliation conference, sanctions will not be imposed until 
  8.28  there is a determination of noncompliance.  Sanctions must be 
  8.29  imposed as provided in section 256J.46.