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Minnesota Legislature

Office of the Revisor of Statutes

SF 1

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

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to human services; replacing the aid to 
  1.3             families with dependent children program with the 
  1.4             temporary assistance for needy families program; 
  1.5             terminating the entitlement to public assistance; 
  1.6             changing eligibility for the food stamp, medical 
  1.7             assistance, general assistance and general assistance 
  1.8             medical care programs; requiring recipients to work in 
  1.9             order to receive public assistance; appropriating 
  1.10            money; amending Minnesota Statutes 1996, sections 
  1.11            256.74, subdivision 1; 256B.055, subdivision 3; 
  1.12            256B.06, subdivision 4; 256D.05, subdivision 1; 
  1.13            256D.051, subdivision 1a; and 256D.065; proposing 
  1.14            coding for new law in Minnesota Statutes, chapter 
  1.15            256D; proposing coding for new law as Minnesota 
  1.16            Statutes, chapter 256J; repealing Minnesota Statutes 
  1.17            1996, sections 256.031; 256.032; 256.033; 256.034; 
  1.18            256.035; 256.036; 256.0361; 256.047; 256.0475; 
  1.19            256.048; 256.049; 256.73, subdivisions 1, 1a, 1b, and 
  1.20            5a; 256.7351; 256.7352; 256.7353; 256.7354; 256.7355; 
  1.21            256.7356; 256.7357; 256.7358; 256.7359; 256.736; 
  1.22            256.7381; 256.7382; 256.7383; 256.7384; 256.7385; 
  1.23            256.7386; 256.7387; 256.7388; 256D.05, subdivision 8; 
  1.24            and 256D.055. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26                             ARTICLE 1
  1.27           TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
  1.28     Section 1.  [256J.01] [ESTABLISHMENT OF TEMPORARY 
  1.29  ASSISTANCE FOR NEEDY FAMILIES PROGRAM.] 
  1.30     Subdivision 1.  [PROGRAM TO REPLACE AFDC.] Effective July 
  1.31  1, 1997, the temporary assistance for needy families (TANF) 
  1.32  program is established.  The program consists of three 
  1.33  components: 
  1.34     (1) a TANF-diversionary assistance component that provides 
  1.35  lump-sum assistance payments to solve emergencies and prevent 
  2.1   long-term dependency; 
  2.2      (2) a six-month TANF-jobs first component for first-time 
  2.3   applicants, with the focus on immediate job search and 
  2.4   employment; and 
  2.5      (3) a TANF-work and training component that also focuses on 
  2.6   employment but offers education or training of up to one year's 
  2.7   duration to prepare recipients for the work force. 
  2.8      Subd. 2.  [AFDC CRITERIA SUPERSEDED.] Whenever an 
  2.9   irreconcilable conflict occurs, the provisions of this chapter 
  2.10  take precedence over any conflicting provisions of chapter 256, 
  2.11  256B, or any other law to the contrary.  When no conflict 
  2.12  occurs, the provisions of chapter 256 in effect as of August 22, 
  2.13  1996, governing the former AFDC program, including, but not 
  2.14  limited to, payment standards, grant levels, eligibility 
  2.15  criteria, and the application process, remain in effect and 
  2.16  apply to the TANF program. 
  2.17     Subd. 3.  [TANF NOT AN ENTITLEMENT.] Nothing in this 
  2.18  chapter creates an individual entitlement to any benefits under 
  2.19  the TANF program.  The commissioner may ratably reduce TANF 
  2.20  payments so that TANF expenditures do not exceed the amount 
  2.21  specifically appropriated for that purpose. 
  2.22     Sec. 2.  [256J.02] [DEFINITIONS.] 
  2.23     Subdivision 1.  [SCOPE.] The terms used in this chapter 
  2.24  have the meanings given them in this section. 
  2.25     Subd. 2.  [APPLICANT.] "Applicant" means an individual who 
  2.26  applies for TANF. 
  2.27     Subd. 3.  [ASSISTANCE.] "Assistance" means the benefit 
  2.28  received under the TANF or family general assistance program. 
  2.29     Subd. 4.  [ASSISTANCE UNIT.] (a) "Assistance unit" means 
  2.30  the following individuals when they are living together:  a 
  2.31  minor child; the minor child's blood-related siblings; and the 
  2.32  minor child's natural and adoptive parents.  The income and 
  2.33  assets of members of the assistance unit must be considered in 
  2.34  determining eligibility for TANF.  
  2.35     (b) A nonparental caregiver, as defined in subdivision 6, 
  2.36  may elect to be included in the assistance unit.  A nonparental 
  3.1   caregiver who does not elect to be included under this paragraph 
  3.2   may apply for assistance for the minor child. 
  3.3      (c) A stepparent of the minor child may elect to be 
  3.4   included in the assistance unit.  If the stepparent does not 
  3.5   choose to be included, the county agency shall not count the 
  3.6   stepparent's resources or income, if the stepparent's income is 
  3.7   less than 275 percent of the federal poverty guidelines for a 
  3.8   family of one.  If the stepparent's income is more than 275 
  3.9   percent of the federal poverty guidelines for a family of one 
  3.10  and the stepparent does not choose to be included, the county 
  3.11  agency shall not count the stepparent's resources, but shall 
  3.12  count the stepparent's income according to section 256J.03, 
  3.13  subdivision 3, clause (5).  
  3.14     (d) A stepsibling of the minor child may elect to be 
  3.15  included in the assistance unit. 
  3.16     (e) A parent of a minor caregiver may elect to be included 
  3.17  in the minor caregiver's assistance unit.  If the parent of the 
  3.18  minor caregiver does not choose to be included, the county 
  3.19  agency shall not count the resources of the parent of the minor 
  3.20  caregiver, but shall count the income of the parent of the minor 
  3.21  caregiver, according to section 256J.03, subdivision 3. 
  3.22     Subd. 5.  [COMBINED APPLICATION FORM OR CAF.] "Combined 
  3.23  application form" or "CAF" means a form on which people apply 
  3.24  for multiple assistance programs including: TANF, refugee cash 
  3.25  assistance, general assistance, Minnesota supplemental aid, food 
  3.26  stamps, medical assistance, general assistance medical care, 
  3.27  emergency assistance, emergency medical assistance, and 
  3.28  emergency general assistance medical care. 
  3.29     Subd. 6.  [CAREGIVER.] "Caregiver" means a pregnant woman 
  3.30  with no other children if it has been medically verified that 
  3.31  the unborn child is expected to be born in the month the payment 
  3.32  is made or within the three-month period following the month of 
  3.33  payment, or a minor child's natural or adoptive parent or 
  3.34  parents who live in the home with the minor child and are 
  3.35  receiving or have applied for assistance.  For purposes of 
  3.36  determining eligibility for this program, caregiver also means 
  4.1   any of the following individuals, if eligible adults, who live 
  4.2   with and provide care and support to a minor child when the 
  4.3   minor child's natural or adoptive parent or parents do not 
  4.4   reside in the same home:  grandfather, grandmother, brother, 
  4.5   sister, stepfather, stepmother, stepbrother, stepsister, uncle, 
  4.6   aunt, first cousin, nephew, niece, persons of preceding 
  4.7   generations as denoted by prefixes of "great" or "great-great," 
  4.8   or a spouse of any person named in the above groups even after 
  4.9   the marriage ends by death or divorce. 
  4.10     Subd. 7.  [CASE MANAGEMENT.] "Case management" means the 
  4.11  assessment of family needs, the development of the employability 
  4.12  plan and family support agreement, and the coordination of 
  4.13  services necessary to support the family in its social and 
  4.14  economic roles, according to section 256J.42, subdivision 3. 
  4.15     Subd. 8.  [CHILD SUPPORT.] "Child support" means a 
  4.16  voluntary or court-ordered payment by a noncustodial parent. 
  4.17     Subd. 9.  [COMMISSIONER.] "Commissioner" means the 
  4.18  commissioner of human services. 
  4.19     Subd. 10.  [COUNTY AGENCY.] "County agency" means the 
  4.20  agency designated by the county board to implement financial 
  4.21  assistance for TANF and the agency responsible for enforcement 
  4.22  of child support collection. 
  4.23     Subd. 11.  [COUNTY BOARD.] "County board" means the county 
  4.24  board of commissioners, a local social services agency as 
  4.25  defined in chapter 393, a board established under the Joint 
  4.26  Powers Act, section 471.59; or a human services board under 
  4.27  chapter 402. 
  4.28     Subd. 12.  [EMPLOYMENT ADVISOR.] "Employment advisor" means 
  4.29  a provider staff person who is qualified to assist the 
  4.30  participant to develop a job search or employment deferment 
  4.31  plan, match the participant with existing job openings, refer 
  4.32  the participant to employers, and has an extensive knowledge of 
  4.33  employers in the area. 
  4.34     Subd. 13.  [FAMILY.] "Family" includes the following 
  4.35  individuals who live together:  a minor child or a group of 
  4.36  minor children related to each other as siblings, half siblings, 
  5.1   stepsiblings, or adopted siblings, together with their natural 
  5.2   or adoptive parents, or their caregiver as defined in 
  5.3   subdivision 6.  Family also includes a pregnant woman with no 
  5.4   other children if it has been medically verified that the unborn 
  5.5   child is expected to be born in the month the payment is made or 
  5.6   within the three-month period following the month of payment. 
  5.7      Subd. 14.  [FAMILY WAGE LEVEL.] "Family wage level" means 
  5.8   108 percent of the transitional standard, as defined in 
  5.9   subdivision 27. 
  5.10     Subd. 15.  [FINANCIAL SPECIALIST.] "Financial specialist" 
  5.11  means a program staff person who is trained to explain the 
  5.12  benefits offered under the program, determine eligibility for 
  5.13  different assistance programs, and broker other resources. 
  5.14     Subd. 16.  [FIRST-TIME APPLICANT.] A "first-time applicant" 
  5.15  means an individual who: 
  5.16     (1) has submitted a request for assistance and has never 
  5.17  received a TANF, AFDC, or family general assistance grant 
  5.18  through the MAXIS computer system as a caregiver; 
  5.19     (2) is an applicant whose TANF or family general assistance 
  5.20  application was denied or benefits were terminated due to 
  5.21  noncompliance with jobs first requirements; or 
  5.22     (3) was accepted for jobs first, obtained suitable 
  5.23  employment while enrolled in jobs first, ceased receiving TANF 
  5.24  benefits, but was terminated from that employment prior to the 
  5.25  expiration of the six-month jobs first enrollment period and 
  5.26  reapplies for TANF within six months of the initial application. 
  5.27     Subd. 17.  [MINOR CHILD.] "Minor child" means a child who 
  5.28  is living in the same home of a parent or other caregiver, who 
  5.29  is in financial need, and who is either less than 18 years of 
  5.30  age or is under the age of 19 years and is regularly attending 
  5.31  as a full-time student and is expected to complete before age 19 
  5.32  a high school or a secondary level course of vocational or 
  5.33  technical training designed to fit students for gainful 
  5.34  employment. 
  5.35     Subd. 18.  [PARTICIPANT.] "Participant" means a recipient 
  5.36  who participates in TANF. 
  6.1      Subd. 19.  [PROGRAM.] "Program" means TANF. 
  6.2      Subd. 20.  [PROVIDER.] "Provider" means an employment and 
  6.3   training agency certified by the commissioner of economic 
  6.4   security under section 268.871, subdivision 1. 
  6.5      Subd. 21.  [RECIPIENT.] "Recipient" means an individual who 
  6.6   is receiving TANF or family general assistance. 
  6.7      Subd. 22.  [SELF-EMPLOYMENT.] "Self-employment" means 
  6.8   employment in which individuals work for themselves rather than 
  6.9   an employer, are responsible for their own work schedule, and do 
  6.10  not have taxes or FICA withheld by an employer. 
  6.11     Subd. 23.  [SUBSIDIZED JOB.] "Subsidized job" means 
  6.12  employment that is partly reimbursed by the provider for the 
  6.13  cost of wages for participants in the program. 
  6.14     Subd. 24.  [SUITABLE EMPLOYMENT.] "Suitable employment" 
  6.15  means employment that is within the participant's physical and 
  6.16  mental abilities, pays hourly gross wages of not less than the 
  6.17  applicable state or federal minimum wage, and meets health and 
  6.18  safety standards set by federal, state, and local agencies. 
  6.19     Subd. 25.  [TANF.] "TANF" means temporary assistance for 
  6.20  needy families. 
  6.21     Subd. 26.  [TRANSITIONAL STATUS.] "Transitional status" 
  6.22  means the status of caregivers who are independently pursuing 
  6.23  self-sufficiency or caregivers who are complying with the terms 
  6.24  of a family support agreement with a county. 
  6.25     Subd. 27.  [TRANSITIONAL STANDARD.] "Transitional standard" 
  6.26  means the sum of the TANF standard of assistance and the average 
  6.27  value of food stamps for a family of the same size and 
  6.28  composition.  This standard applies only to families in which 
  6.29  the parental caregiver is in transitional status and to families 
  6.30  in which the caregiver is exempt from developing or has good 
  6.31  cause for not complying with the terms of the family support 
  6.32  agreement.  The average value of food stamps is the amount of 
  6.33  the value of food stamps to which a family of a given size would 
  6.34  be entitled for a month, determined by assuming unearned income 
  6.35  equal to the TANF standard for a family of that size and 
  6.36  composition and subtracting the standard deduction and maximum 
  7.1   shelter deduction from gross family income, as allowed under the 
  7.2   Food Stamp Act of 1977, as amended, and Public Law Number 
  7.3   100-435.  The assistance standard for a family consisting of a 
  7.4   pregnant woman with no children must equal the assistance 
  7.5   standard for one adult and one child. 
  7.6      Subd. 28.  [WORK ACTIVITIES.] "Work activities" means: 
  7.7      (1) unsubsidized employment; 
  7.8      (2) subsidized private sector employment; 
  7.9      (3) subsidized public sector employment; 
  7.10     (4) work experience, including work associated with the 
  7.11  refurbishing of publicly assisted housing, if sufficient private 
  7.12  sector employment is not available; 
  7.13     (5) on-the-job training; 
  7.14     (6) job search and job readiness assistance; 
  7.15     (7) community service programs; 
  7.16     (8) vocational educational training, not to exceed 12 
  7.17  months with respect to any recipient; 
  7.18     (9) job skills training directly related to employment; 
  7.19     (10) education directly related to employment, in the case 
  7.20  of a recipient who has not received a high school diploma or a 
  7.21  certificate of high school equivalency; 
  7.22     (11) satisfactory attendance at secondary school or in a 
  7.23  course of study leading to a certificate of general equivalence, 
  7.24  in the case of a recipient who has not completed secondary 
  7.25  school or received such a certificate; and 
  7.26     (12) the provision of child care services to a recipient 
  7.27  who is participating in a community service program. 
  7.28     Sec. 3.  [256J.03] [ELIGIBILITY FOR TANF.] 
  7.29     Subdivision 1.  [ELIGIBILITY CONDITIONS.] (a) In order to 
  7.30  receive assistance under TANF, a family must: 
  7.31     (1) meet the definition of assistance unit under section 
  7.32  256J.02, subdivision 4; 
  7.33     (2) have resources not excluded under subdivision 4 that do 
  7.34  not exceed $2,000; and 
  7.35     (3) provide or apply for a social security number for each 
  7.36  member of the family receiving assistance under TANF. 
  8.1      (b) A family is eligible for TANF if the net income is less 
  8.2   than the transitional standard as defined in section 256J.02, 
  8.3   subdivision 27, for that size and composition of family.  In 
  8.4   determining available net income, the provisions in subdivision 
  8.5   2 shall apply. 
  8.6      (c) Upon application, a family is initially eligible for 
  8.7   TANF if the family's gross income does not exceed the applicable 
  8.8   transitional standard of assistance for that family as defined 
  8.9   under section 256J.02, subdivision 27, after deducting: 
  8.10     (1) 18 percent to cover taxes; and 
  8.11     (2) actual dependent care costs up to the maximum 
  8.12  disregarded under United States Code, title 42, section 
  8.13  602(a)(8)(A)(iii). 
  8.14     (d) A family can remain eligible for the program if: 
  8.15     (1) it meets the conditions in subdivision 2; and 
  8.16     (2) its income is below the transitional standard defined 
  8.17  in section 256J.02, subdivision 27, allowing for income 
  8.18  exclusions in subdivision 2 and after applying the TANF 
  8.19  treatment of earnings under subdivision 2. 
  8.20     Subd. 2.  [TANF TREATMENT OF EARNINGS FOR PURPOSES OF 
  8.21  CONTINUED ELIGIBILITY.] To help families during their transition 
  8.22  from TANF to self-sufficiency, the following income supports are 
  8.23  available: 
  8.24     (a) After four months of employment, the $30 and one-third 
  8.25  and $90 disregards allowed under section 256.74, subdivision 1, 
  8.26  and the 20 percent earned income deduction allowed under the 
  8.27  federal Food Stamp Act of 1977, as amended, are replaced with a 
  8.28  single disregard of 25 percent of gross earned income to cover 
  8.29  taxes and other work-related expenses and to reward the earning 
  8.30  of income.  This single disregard is available for the entire 
  8.31  remaining time a family receives assistance through TANF. 
  8.32     (b) The dependent care deduction, as prescribed under 
  8.33  chapter 119B, and United States Code, title 7, section 2014(e), 
  8.34  is fully or partially replaced for families with earned income 
  8.35  who need assistance with dependent care with a dependent care 
  8.36  subsidy, up to the limit of available appropriations, from money 
  9.1   appropriated for TANF. 
  9.2      (c) The family wage level, as defined in section 256J.02, 
  9.3   subdivision 14, allows families to supplement earned income with 
  9.4   assistance received through TANF.  If, after earnings are 
  9.5   adjusted according to the disregard described in paragraph (a), 
  9.6   earnings have raised family income to a level equal to or 
  9.7   greater than the family wage level, the amount of assistance 
  9.8   received through TANF must be reduced. 
  9.9      Subd. 3.  [DETERMINATION OF FAMILY INCOME.] The income 
  9.10  exclusions listed in Code of Federal Regulations, title 45, 
  9.11  sections 233.20(a)(3) and 233.20(a)(4), must be used when 
  9.12  determining a family's available income, except that:  
  9.13     (1) all earned income of a minor child or a minor parent 
  9.14  receiving assistance through TANF is excluded when the child or 
  9.15  minor parent is attending school at least half time; 
  9.16     (2) all earned income tax credit payments received by the 
  9.17  family as a refund of federal income taxes or made as advance 
  9.18  payments are excluded according to United States Code, title 42, 
  9.19  section 602(a)(8)(A)(viii); 
  9.20     (3) educational grants and loans as provided in section 
  9.21  256.74, subdivision 1, clause (2), are excluded; 
  9.22     (4) all other income listed in Minnesota Rules, part 
  9.23  9500.2380, subpart 2, is excluded; and 
  9.24     (5) when determining income available from members of the 
  9.25  family who do not elect to be included in the assistance unit 
  9.26  defined under section 256J.02, subdivision 4, the county agency 
  9.27  shall count the remaining income after disregarding: 
  9.28     (i) all income of the minor parent's parent when 
  9.29  determining the grant for the minor parent in households that 
  9.30  include a minor parent living with a parent on TANF with other 
  9.31  dependent children.  The standard of need for the minor parent 
  9.32  is equal to the standard of need available if the minor parent's 
  9.33  parent was not a recipient of TANF; 
  9.34     (ii) income of the minor parent's parent equal to 200 
  9.35  percent of the federal poverty guideline for a family size not 
  9.36  including the minor parent and the minor parent's child in 
 10.1   households that include a minor parent living with a parent not 
 10.2   on TANF when determining the grant for the minor parent.  The 
 10.3   remainder of income is deemed under Code of Federal Regulations, 
 10.4   title 45, section 233.20(a)(3)(xviii); and 
 10.5      (iii) in all other households: 
 10.6      (A) the first 18 percent of the excluded family member's 
 10.7   gross earned income; 
 10.8      (B) an amount for the support of any stepparent or any 
 10.9   parent of a minor caregiver and any other individuals whom the 
 10.10  stepparent or parent of the minor caregiver claims as dependents 
 10.11  for determining federal personal income tax liability and who 
 10.12  live in the same household but whose needs are not considered in 
 10.13  determining eligibility for assistance under chapter 256.  The 
 10.14  amount equals the transitional standard defined in section 
 10.15  256J.02, subdivision 27, for a family of the same size and 
 10.16  composition; 
 10.17     (C) amounts the stepparent or parent of the minor caregiver 
 10.18  actually paid to individuals not living in the same household 
 10.19  but whom the stepparent claims as dependents for determining 
 10.20  federal personal income tax liability; and 
 10.21     (D) alimony or child support, or both, paid by the 
 10.22  stepparent or parent of the minor caregiver for individuals not 
 10.23  living in the same household. 
 10.24     Subd. 4.  [DETERMINATION OF FAMILY RESOURCES.] When 
 10.25  determining a family's resources, the following are excluded:  
 10.26     (1) the family's home, together with surrounding property 
 10.27  not separated from the home by intervening property owned by 
 10.28  others; 
 10.29     (2) licensed automobiles, trucks, or vans up to the total 
 10.30  equity value excluded under the food stamp program; 
 10.31     (3) personal property needed to produce earned income, 
 10.32  including tools, implements, farm animals, and inventory; 
 10.33     (4) the entire equity value of a motor vehicle determined 
 10.34  by the local agency to be necessary for the operation of a 
 10.35  self-employment business; 
 10.36     (5) clothing, necessary household furniture, equipment, and 
 11.1   other basic maintenance items essential for daily living; and 
 11.2      (6) savings of a minor child or a minor parent that are set 
 11.3   aside in a separate account designated specifically for future 
 11.4   education or employment needs. 
 11.5      Subd. 5.  [TREATMENT OF SSI AND MSA.] The monthly benefits 
 11.6   and any other income received through the Supplemental Security 
 11.7   Income or Minnesota supplemental aid program and any real or 
 11.8   personal property of an assistance unit member who receives 
 11.9   Supplemental Security Income or Minnesota supplemental aid must 
 11.10  be excluded in determining the family's eligibility for TANF and 
 11.11  the amount of assistance.  In determining the amount of 
 11.12  assistance to be paid to the family, the needs of the person 
 11.13  receiving Supplemental Security Income or Minnesota supplemental 
 11.14  aid must not be taken into account. 
 11.15     Subd. 6.  [MODIFICATION OF ELIGIBILITY TESTS.] A needy 
 11.16  family may receive assistance under the program even if the 
 11.17  children in the family are not deprived of parental support or 
 11.18  care by reason of death, continued absence from the home, 
 11.19  physical or mental incapacity of a parent, or unemployment of a 
 11.20  parent, provided the family's income and resources do not exceed 
 11.21  the eligibility requirements in this section. 
 11.22     Subd. 7.  [TREATMENT OF FOOD ASSISTANCE.] The portion of 
 11.23  cash assistance provided under TANF that the commissioner 
 11.24  designates as representing food assistance must be disregarded 
 11.25  for other local, state, or federal programs. 
 11.26     Subd. 8.  [SPECIAL RIGHTS OF MIGRANT AND SEASONAL 
 11.27  FARMWORKERS AND HOMELESS PEOPLE.] Federally prescribed 
 11.28  procedures, means of applying for and obtaining assistance, 
 11.29  reporting and verification requirements, and other similar 
 11.30  provisions specifically for migrant and seasonal farmworkers or 
 11.31  homeless people under the Food Stamp Act of 1977, as amended, 
 11.32  continue to be available to eligible migrant, seasonal 
 11.33  farmworker, or homeless families.  The commissioner shall comply 
 11.34  with the bilingual requirements of United States Code, title 7, 
 11.35  section 2020(e)(1)(B). 
 11.36     Sec. 4.  [256J.035] [PROGRAM ADMINISTRATION AND DUE 
 12.1   PROCESS.] 
 12.2      Subdivision 1.  [RECOVERY OF ATM ERRORS.] For recipients 
 12.3   receiving benefits by electronic benefit transfer, if the 
 12.4   recipient is overpaid as a result of an automated teller machine 
 12.5   dispensing funds in error to the recipient, the county agency 
 12.6   may recover the automated teller machine error by immediately 
 12.7   withdrawing funds from the recipient's electronic benefit 
 12.8   transfer account, up to the amount of the error. 
 12.9      Subd. 2.  [SIMPLIFICATION OF BUDGETING PROCEDURES.] The 
 12.10  monthly amount of assistance provided by TANF must be calculated 
 12.11  by taking into account actual income or circumstances that 
 12.12  existed in a previous month and other relevant information to 
 12.13  predict income and circumstances for the next month or months.  
 12.14  When a family has a significant change in circumstances, the 
 12.15  budgeting cycle must be interrupted and the amount of assistance 
 12.16  for the payment month must be based on the family's income and 
 12.17  circumstances for that month.  Families may be required to 
 12.18  report their income monthly, but income may be averaged over a 
 12.19  period of more than one month.  For purposes of this 
 12.20  subdivision, "significant change" means a decline in gross 
 12.21  income of 38 percent or more from the income used to determine 
 12.22  the grant for the current month. 
 12.23     Subd. 3.  [SIMPLIFICATION OF VERIFICATION PROCEDURES.] 
 12.24  Verification procedures must be reduced to the minimum that is 
 12.25  workable and consistent with the goals and requirements of TANF 
 12.26  as determined by the commissioner. 
 12.27     Subd. 4.  [PAYMENT METHODS.] TANF grant payments, including 
 12.28  jobs first payments in excess of voucher payments, may be issued 
 12.29  in the form of warrants immediately redeemable in cash, 
 12.30  electronic benefits transfer, or by direct deposit into the 
 12.31  recipient's account in a financial institution. 
 12.32     Subd. 5.  [DUE PROCESS.] Any family that applies for or 
 12.33  receives assistance under TANF whose application for assistance 
 12.34  is denied or not acted upon with reasonable promptness, or whose 
 12.35  assistance is suspended, reduced, terminated, or claimed to have 
 12.36  been incorrectly paid, is entitled, upon request, to a hearing 
 13.1   under section 256.045. 
 13.2      Subd. 6.  [ADJUSTMENT OF FOOD ASSISTANCE AMOUNT.] The 
 13.3   commissioner shall ensure that increases or reductions in the 
 13.4   federal food stamp allotments and deductions are reflected in 
 13.5   the food assistance portion of the assistance provided under 
 13.6   TANF. 
 13.7      Subd. 7.  [EXPEDITED BENEFITS.] Provisions for expedited 
 13.8   benefits under TANF may not be less restrictive than provisions 
 13.9   for expedited benefits under the Food Stamp Act of 1977, as 
 13.10  amended, and state food stamp policy and include either 
 13.11  expediting issuance of a predesignated portion of assistance 
 13.12  provided through TANF or through the existing food stamp program.
 13.13     Subd. 8.  [START WORK OFFSET.] The commissioner shall not 
 13.14  recover an overpayment made to a recipient in the month the 
 13.15  recipient started working, provided the overpayment was due to 
 13.16  the recipient's increased earnings.  Not requiring a recipient 
 13.17  to repay the overpayment is a start work offset and is available 
 13.18  to a recipient once every two years. 
 13.19     Sec. 5.  [256J.04] [ELIGIBILITY FOR CHILD CARE AND MEDICAL 
 13.20  ASSISTANCE.] 
 13.21     Subdivision 1.  [CHILD CARE.] A caregiver who is in a TANF 
 13.22  assistance unit who leaves the program as a result of increased 
 13.23  earnings from employment and who needs child care assistance to 
 13.24  remain employed may receive, up to the limit of available 
 13.25  appropriations, extended child care assistance on a copayment 
 13.26  basis. 
 13.27     Subd. 2.  [HEALTH CARE.] A family leaving the TANF program 
 13.28  as a result of increased earnings from employment is eligible 
 13.29  for extended medical assistance as provided under Public Law 
 13.30  Number 100-485, section 303, as amended, and Public Law Number 
 13.31  101-239, section 8015(b)(7). 
 13.32     Sec. 6.  [256J.05] [WORK PARTICIPATION REQUIREMENTS AND 
 13.33  WORK ACTIVITIES.] 
 13.34     Subdivision 1.  [WORK REQUIREMENTS.] A recipient is engaged 
 13.35  in work for a month if the recipient is participating in work 
 13.36  activities for at least the minimum average number of hours per 
 14.1   week specified in the following table during the month, not 
 14.2   fewer than 20 hours per week of which are attributable to an 
 14.3   activity described in section 256J.02, subdivision 28, clauses 
 14.4   (1) to (8), or (12), subject to this subdivision: 
 14.5                       
 14.6   If the month is in           The minimum average number
 14.7   federal fiscal year:         of hours per week is:
 14.8        1997 . . . . . . . . . . . . . . 20
 14.9        1998 . . . . . . . . . . . . . . 20
 14.10       1999 . . . . . . . . . . . . . . 25
 14.11       2000 or thereafter. . . . . . . . 30
 14.12     For a two-parent family, a recipient is engaged in work for 
 14.13  a month if: 
 14.14     (1) the recipient is making progress in work activities for 
 14.15  at least 35 hours per week during the month, not fewer than 30 
 14.16  hours per week of which are attributable to an activity 
 14.17  described in section 256J.02, subdivision 28, clauses (1) to (8) 
 14.18  or (12); and 
 14.19     (2) if the family of the recipient receives federally 
 14.20  funded child care assistance and if an adult in the family is 
 14.21  not disabled or caring for a severely disabled child, the 
 14.22  recipient's spouse is making progress in work activities during 
 14.23  the month, not fewer than 20 hours per week of which are 
 14.24  attributable to an activity described in section 256J.02, 
 14.25  subdivision 28, clauses (1) to (5) or (7). 
 14.26     Subd. 2.  [PARTICIPATION RATE REQUIREMENTS.] (a) The 
 14.27  following table reflects the required minimum participation rate 
 14.28  with respect to all families receiving assistance: 
 14.29    
 14.30  If the federal             The minimum participation
 14.31  fiscal year is:                    rate is:
 14.32       1997 . . . . . . . . . . . . . . 25 percent
 14.33       1998 . . . . . . . . . . . . . . 30 percent
 14.34       1999 . . . . . . . . . . . . . . 35 percent
 14.35       2000 . . . . . . . . . . . . . . 40 percent
 14.36       2001 . . . . . . . . . . . . . . 45 percent
 15.1        2002 or thereafter . . . . . . . 50 percent
 15.2      (b) The following table reflects the required minimum 
 15.3   participation rate with respect to two-parent families receiving 
 15.4   assistance: 
 15.5                             
 15.6   If the federal             The minimum participation
 15.7   fiscal year is:                    rate is:
 15.8        1997 . . . . . . . . . . . . . . 75 percent 
 15.9        1998 . . . . . . . . . . . . . . 75 percent
 15.10       1999 or thereafter . . . . . . . 90 percent
 15.11     (c) The participation rate is calculated according to 
 15.12  section 407 of the Personal Responsibility and Work Opportunity 
 15.13  Reconciliation Act of 1996. 
 15.14     Subd. 3.  [VARIATIONS TO PARTICIPATION RATES.] (a) For 
 15.15  purposes of determining monthly participation rates under 
 15.16  subdivision 1, a recipient in a one-parent family who is the 
 15.17  parent of a child who has not attained six years of age is 
 15.18  deemed to be engaged in work for a month if the recipient is 
 15.19  engaged in work for an average of at least 20 hours per week 
 15.20  during the month. 
 15.21     (b) For purposes of determining monthly participation rates 
 15.22  under subdivision 1, a recipient who is a single head of 
 15.23  household and has not attained 20 years of age is deemed, 
 15.24  subject to paragraph (c), to be engaged in work for a month if 
 15.25  the recipient: 
 15.26     (1) maintains satisfactory attendance at a secondary school 
 15.27  or the equivalent during the month; or 
 15.28     (2) participates in education directly related to 
 15.29  employment for at least the minimum average number of hours 
 15.30  specified in the table in subdivision 1. 
 15.31     (c) For purposes of determining monthly participation 
 15.32  rates, not more than 20 percent of recipients in all families 
 15.33  and in two-parent families may be determined to be engaged in 
 15.34  work for a month by reason of participation in vocational 
 15.35  educational training or deemed to be engaged in work under 
 15.36  paragraph (b). 
 16.1      Subd. 4.  [TIME LIMIT ON JOB SEARCH.] (a) Notwithstanding 
 16.2   subdivision 1, a recipient shall not be considered to be engaged 
 16.3   in work by virtue of participation in job search and job 
 16.4   readiness assistance: 
 16.5      (1) after the recipient has participated in such an 
 16.6   activity for six weeks; 
 16.7      (2) after the recipient has participated in the activity 
 16.8   for 12 weeks if the unemployment rate in the state is at least 
 16.9   50 percent greater than the unemployment rate of the United 
 16.10  States; or 
 16.11     (3) if the participation is for a week that immediately 
 16.12  follows four consecutive weeks of such participation. 
 16.13     (b) For purposes of paragraph (a), on not more than one 
 16.14  occasion per recipient, the participation of the recipient in 
 16.15  job search and job readiness assistance for three or four days 
 16.16  during a week is considered a week of participation in the 
 16.17  activity by the recipient. 
 16.18     Sec. 7.  [256J.06] [SANCTIONS AND EXEMPTIONS.] 
 16.19     Subdivision 1.  [SANCTIONS FOR RECIPIENTS NOT COMPLYING 
 16.20  WITH PROGRAM REQUIREMENTS.] A recipient who fails without good 
 16.21  cause to comply with the program requirements under this chapter 
 16.22  will lose eligibility for assistance as follows: 
 16.23     (1) for the first occurrence, a reduction in the amount of 
 16.24  assistance otherwise payable to the family by disregarding the 
 16.25  needs of the noncomplying recipient when determining the grant 
 16.26  or reducing the grant by 25 percent, whichever is greater, for 
 16.27  one month or until the county agency determines that the 
 16.28  recipient has complied with the program requirements, whichever 
 16.29  is longer; or 
 16.30     (2) for any subsequent occurrence, a reduction in the 
 16.31  amount of assistance by an additional five percentage points, up 
 16.32  to 50 percent, for one month or until the county agency 
 16.33  determines that the recipient has complied with the program 
 16.34  requirements, whichever is longer. 
 16.35     Subd. 2.  [EXCEPTIONS DUE TO LACK OF DAY CARE.] 
 16.36  Notwithstanding subdivision 1, the county agency may not reduce 
 17.1   or terminate assistance based on a refusal of a recipient to 
 17.2   work if the recipient is a single custodial parent caring for a 
 17.3   child who has not attained six years of age, and the recipient 
 17.4   has a demonstrated inability, as determined by the county 
 17.5   agency, to obtain needed child care, for one or more of the 
 17.6   following reasons: 
 17.7      (1) unavailability of appropriate child care within a 
 17.8   reasonable distance from the recipient's home or work site; 
 17.9      (2) unavailability or unsuitability of informal child care 
 17.10  by a relative or under other arrangements; or 
 17.11     (3) unavailability of appropriate and affordable formal 
 17.12  child care arrangements. 
 17.13     Subd. 3.  [EXEMPTION AND GOOD CAUSE CATEGORIES.] The 
 17.14  applicant is exempt from the job search requirements and 
 17.15  development of a job search plan or employment deferment plan 
 17.16  under section 256J.32 and has good cause for not developing and 
 17.17  complying with an employability plan and a family support 
 17.18  agreement under section 256J.42, if the applicant belongs to any 
 17.19  of the following groups: 
 17.20     (1) caregivers under age 19 who have not completed a high 
 17.21  school education and are attending high school on a full-time 
 17.22  basis; 
 17.23     (2) caregivers under age 20 who have not completed a high 
 17.24  school education, provided they are attending an equivalency 
 17.25  program on a full-time basis, and participating in job search or 
 17.26  work so that the combination of activities totals at least 40 
 17.27  hours per week; 
 17.28     (3) individuals who are age 60 or older; 
 17.29     (4) individuals who are suffering from a professionally 
 17.30  certified permanent or temporary illness, injury, or incapacity 
 17.31  which is expected to continue for more than 30 days and which 
 17.32  prevents the person from obtaining or retaining employment.  
 17.33  Persons in this category with a temporary illness, injury, or 
 17.34  incapacity must be reevaluated every 30 days; 
 17.35     (5) caretakers whose presence in the home is professionally 
 17.36  certified to be required because of the illness or incapacity of 
 18.1   another member in the household; 
 18.2      (6) women who are pregnant, if it has been medically 
 18.3   verified that the child is expected to be born within the next 
 18.4   three months; 
 18.5      (7) caregivers or other caretaker relatives of a child 
 18.6   under the age of six months who personally provide full-time 
 18.7   care for the child.  This exemption is only available to a 
 18.8   recipient for a total of 12 months.  In two-parent households, 
 18.9   only one parent or other relative may qualify for this 
 18.10  exemption; 
 18.11     (8) individuals employed at least 40 hours per week or at 
 18.12  least 30 hours per week and engaged in job search for at least 
 18.13  an additional ten hours per week; 
 18.14     (9) individuals who demonstrate to the satisfaction of the 
 18.15  county agency that lack of proficiency in English is a barrier 
 18.16  to employment, provided the individuals are participating in an 
 18.17  intensive English as a second language program for at least 20 
 18.18  hours of class per week which lasts no longer than six months 
 18.19  and is designed to remedy their language deficiency; or 
 18.20     (10) individuals experiencing a personal or family crisis 
 18.21  that is professionally certified to make them incapable of 
 18.22  participating in the program, as determined by the county 
 18.23  agency.  Persons in this category must be reevaluated every 60 
 18.24  days. 
 18.25     Subd. 4.  [SANCTION FOR NOT COMPLYING WITH PATERNITY OR 
 18.26  CHILD SUPPORT.] If a recipient fails to comply with the 
 18.27  establishment of paternity or is delinquent in any payment due 
 18.28  under a court order for the support of a child, the county 
 18.29  agency shall impose the appropriate sanction under subdivision 1.
 18.30     Sec. 8.  [256J.07] [NONDISPLACEMENT IN WORK ACTIVITIES.] 
 18.31     For job assignments under section 256J.34, the county 
 18.32  agency must provide written notification to and obtain the 
 18.33  written concurrence of the appropriate exclusive bargaining 
 18.34  representatives with respect to job duties covered under 
 18.35  collective bargaining agreements and ensure that no work 
 18.36  assignment under this section results in: 
 19.1      (1) termination, layoff, or reduction of the work hours of 
 19.2   an employee for the purpose of hiring an individual under this 
 19.3   section; 
 19.4      (2) the hiring of an individual if any other person is on 
 19.5   layoff, including seasonal layoff, from the same or a 
 19.6   substantially equivalent job; 
 19.7      (3) any infringement of the promotional opportunities of 
 19.8   any currently employed individual; 
 19.9      (4) the impairment of existing contract for services of 
 19.10  collective bargaining agreements; or 
 19.11     (5) a participant filling an established unfilled position 
 19.12  vacancy, except for on-the-job training. 
 19.13     The written notification must be provided to the 
 19.14  appropriate exclusive bargaining representatives at least 14 
 19.15  days in advance of placing recipients in temporary public 
 19.16  service employment.  The notice must include the number of 
 19.17  individuals involved, their work locations and anticipated hours 
 19.18  of work, a summary of the tasks to be performed, and a 
 19.19  description of how the individuals will be trained and 
 19.20  supervised. 
 19.21     If there is a dispute between an exclusive bargaining 
 19.22  representative and a county or public work employer over whether 
 19.23  job duties are covered under a collective bargaining agreement, 
 19.24  the exclusive bargaining representative, the county, or the 
 19.25  public works employer may petition the bureau of mediation 
 19.26  services to determine if the job duties are covered by a 
 19.27  collective bargaining agreement.  The commissioner of the bureau 
 19.28  of mediation services shall develop a process for resolving 
 19.29  disputes under this section. 
 19.30     Sec. 9.  [256J.08] [RESIDENCY REQUIREMENT.] 
 19.31     Subdivision 1.  [THIRTY-DAY RESIDENCY 
 19.32  REQUIREMENT.] Assistance may be provided under this chapter to 
 19.33  or on behalf of any dependent child who: 
 19.34     (1) has resided in this state for at least 30 days or, if 
 19.35  residing in the state for less than 30 days, a child or a 
 19.36  child's caregiver relative who meets one of the criteria 
 20.1   specified in subdivision 2; or 
 20.2      (2) is otherwise eligible; the child shall not be denied 
 20.3   aid because of conditions of the home in which the child resides.
 20.4      Subd. 2.  [RESIDENCY CRITERIA.] A child or caregiver 
 20.5   relative who has resided in this state for less than 30 days is 
 20.6   considered to be a resident if: 
 20.7      (1) either the child or the caregiver relative was born in 
 20.8   this state; 
 20.9      (2) either the child or the caregiver relative has, in the 
 20.10  past, resided in this state for at least 365 consecutive days; 
 20.11     (3) either the child or the caregiver relative came to this 
 20.12  state to join a close relative.  For purposes of this clause, 
 20.13  "close relative" means a parent, spouse, or child who has 
 20.14  continuously resided in this state for the 365 days preceding 
 20.15  the date of application regardless of whether the close relative 
 20.16  is a recipient of or applicant for public assistance; or 
 20.17     (4) the caregiver relative came to this state to accept a 
 20.18  bona fide offer of employment and was eligible to accept the 
 20.19  employment. 
 20.20     A county agency may waive the 30-day residency requirement 
 20.21  in cases of emergency or where unusual hardship would result 
 20.22  from denial of assistance.  The county shall not deny an 
 20.23  application solely because the applicant does not meet at least 
 20.24  one of the criteria in this subdivision, but shall continue to 
 20.25  process the application and leave the application pending until 
 20.26  the residency requirement is met or until eligibility or 
 20.27  ineligibility is established. 
 20.28     Subd. 3.  [TWELVE-MONTH RESIDENCY REQUIREMENT.] After 
 20.29  meeting the requirement in subdivision 1, an applicant who has 
 20.30  been residing in this state for less than 12 months is eligible 
 20.31  for assistance in an amount that is equal to the lesser of the 
 20.32  benefits the applicant would have been entitled to in the 
 20.33  applicant's last state of residence or the maximum benefits 
 20.34  allowable under the program. 
 20.35     Sec. 10.  [256J.09] [LIMITS ON RECEIPT OF TANF AND RELATED 
 20.36  EXCEPTIONS.] 
 21.1      Subdivision 1.  [NO ASSISTANCE FOR FAMILIES WITHOUT A MINOR 
 21.2   CHILD.] No assistance shall be provided to a family unless the 
 21.3   family includes: 
 21.4      (1) a minor child who resides with a custodial parent or 
 21.5   other adult caregiver relative of the child; or 
 21.6      (2) a pregnant woman, if it has been medically verified 
 21.7   that the child is expected to be born in the month the payment 
 21.8   is made or within the three-month period following the month of 
 21.9   payment. 
 21.10     Subd. 2.  [NO ASSISTANCE FOR APPLICANTS WHO FAIL TO ASSIGN 
 21.11  RIGHTS.] No assistance shall be provided to an applicant who 
 21.12  refuses to assign support and maintenance rights under section 
 21.13  256.74, subdivision 5.  The applicant is not required to assign 
 21.14  rights to support and maintenance that accrue after the date the 
 21.15  family no longer receives TANF. 
 21.16     Subd. 3.  [PARENTING OR PREGNANT MINORS; RESTRICTION ON 
 21.17  ASSISTANCE WITH EXCEPTIONS.] (a) The definitions in this 
 21.18  paragraph only apply to this subdivision. 
 21.19     (1) "Minor parent" means an individual who: 
 21.20     (i) is under the age of 18; 
 21.21     (ii) has never been married or otherwise legally 
 21.22  emancipated; and 
 21.23     (iii) is either the natural parent of a dependent child 
 21.24  living in the same household or eligible for assistance paid to 
 21.25  a pregnant woman. 
 21.26     (2) "Household of a parent, legal guardian, or other adult 
 21.27  relative" means the place of residence of: 
 21.28     (i) a natural or adoptive parent; 
 21.29     (ii) a legal guardian according to appointment or 
 21.30  acceptance under section 260.242, 525.615, or 525.6165, and 
 21.31  related laws; or 
 21.32     (iii) another individual who is age 18 or over and related 
 21.33  to the minor parent as specified in Code of Federal Regulations, 
 21.34  title 45, section 233.90(c)(1)(v), provided that the residence 
 21.35  is maintained as a home for the minor parent and child under 
 21.36  Code of Federal Regulations, title 45, section 
 22.1   233.90(c)(1)(v)(B). 
 22.2      (3) "Adult-supervised supportive living arrangement" means 
 22.3   a private family setting which assumes responsibility for the 
 22.4   care and control of the minor parent and dependent child, or 
 22.5   other living arrangement, not including a public institution, 
 22.6   licensed by the commissioner which ensures that the minor parent 
 22.7   receives adult supervision and supportive services, such as 
 22.8   counseling, guidance, independent living skills training, or 
 22.9   supervision. 
 22.10     (b) A minor parent and the dependent child who is in the 
 22.11  care of the minor parent must reside in the household of a 
 22.12  parent, legal guardian, or other adult relative, or in an 
 22.13  adult-supervised supportive living arrangement in order to 
 22.14  receive TANF unless: 
 22.15     (1) the minor parent has no living parent or legal guardian 
 22.16  whose whereabouts is known; 
 22.17     (2) no living parent or legal guardian of the minor parent 
 22.18  allows the minor parent to live in the parent's or legal 
 22.19  guardian's home; 
 22.20     (3) the minor parent lived apart from the minor parent's 
 22.21  own parent or legal guardian for a period of at least one year 
 22.22  before either the birth of the dependent child or the minor 
 22.23  parent's application for TANF; 
 22.24     (4) the physical or emotional health or safety of the minor 
 22.25  parent or dependent child would be jeopardized if the minor 
 22.26  parent and the dependent child resided in the same residence 
 22.27  with the minor parent's parent or legal guardian; 
 22.28     (5) the minor parent and dependent child have been living 
 22.29  independently as part of an approved social services plan for 
 22.30  less than one year; or 
 22.31     (6) an adult supervised supportive living arrangement is 
 22.32  not available for the minor parent and the dependent child in 
 22.33  the county in which the minor currently resides.  If an adult 
 22.34  supervised supportive living arrangement becomes available 
 22.35  within the county, the minor parent and child must reside in 
 22.36  that arrangement. 
 23.1      (c) Minor applicants must be informed orally and in writing 
 23.2   about the eligibility requirements and their rights and 
 23.3   obligations under the TANF program.  The county must advise the 
 23.4   minor of the possible exemptions and specifically ask whether 
 23.5   one or more of these exemptions is applicable.  If the minor 
 23.6   alleges one or more of these exemptions, then the county must 
 23.7   assist the minor in obtaining the necessary verifications to 
 23.8   determine whether or not these exemptions apply. 
 23.9      (d) If the county worker has reason to suspect that the 
 23.10  physical or emotional health or safety of the minor parent or 
 23.11  dependent child would be jeopardized if the minor parent or 
 23.12  dependent child resided with the minor parent's parent or legal 
 23.13  guardian, then the county worker must make a referral to child 
 23.14  protective services to determine if paragraph (b), clause (4), 
 23.15  applies.  A new determination by the county worker is not 
 23.16  necessary if one has been made within the last six months, 
 23.17  unless there has been a significant change in circumstances 
 23.18  which justifies a new referral and determination. 
 23.19     (e) If a minor parent is not living with a parent or legal 
 23.20  guardian due to paragraph (b), clause (1), (2), or (4), the 
 23.21  minor parent must reside, when possible, in a living arrangement 
 23.22  that meets the standards of paragraph (a), clause (3). 
 23.23     (f) When a minor parent and dependent child live with the 
 23.24  minor parent's parent, legal guardian, or other adult relative, 
 23.25  or in an adult supervised supportive living arrangement, TANF 
 23.26  must be paid, when possible, in the form of a protective payment 
 23.27  on behalf of the minor parent and dependent child according to 
 23.28  Code of Federal Regulations, title 45, section 234.60. 
 23.29     Subd. 4.  [NO ASSISTANCE FOR MORE THAN FIVE YEARS.] The 
 23.30  commissioner shall not provide assistance to a family that 
 23.31  includes an adult who has received TANF for 60 months, whether 
 23.32  or not consecutive, after the TANF program commences. 
 23.33     Subd. 5.  [EXCEPTIONS TO FIVE-YEAR CAP ON ASSISTANCE.] (a) 
 23.34  In determining the number of months for which a recipient who is 
 23.35  a parent or pregnant has received assistance, the commissioner 
 23.36  shall disregard any month during which assistance was provided 
 24.1   while the recipient was: 
 24.2      (1) a minor child; and 
 24.3      (2) not the head of a household or married to the head of a 
 24.4   household. 
 24.5      The number of families for which an exemption made under 
 24.6   this paragraph is in effect for a fiscal year shall not exceed 
 24.7   20 percent of the average monthly number of families to which 
 24.8   assistance is provided. 
 24.9      (b) The commissioner shall exempt a family from the 
 24.10  application of subdivision 4, if the family includes a recipient 
 24.11  who has been battered or subjected to extreme cruelty. 
 24.12     For purposes of this paragraph, a recipient has been 
 24.13  battered or subjected to extreme cruelty if the recipient has 
 24.14  been subjected to: 
 24.15     (1) physical acts that resulted in, or threatened to result 
 24.16  in, physical injury to the recipient; 
 24.17     (2) sexual abuse; 
 24.18     (3) sexual activity involving a dependent child; 
 24.19     (4) being forced as the caregiver relative of a dependent 
 24.20  child to engage in nonconsensual sexual acts or activities; 
 24.21     (5) threats of, or attempts at, physical or sexual abuse; 
 24.22     (6) mental abuse; or 
 24.23     (7) neglect or deprivation of medical care. 
 24.24     Subd. 6.  [CITIZENSHIP REQUIREMENTS.] (a) Eligibility for 
 24.25  TANF is limited to: 
 24.26     (1) citizens of the United States; 
 24.27     (2) legal noncitizens admitted to the United States prior 
 24.28  to August 22, 1996; 
 24.29     (3) legal noncitizens admitted to the United States on or 
 24.30  after August 22, 1996, who: 
 24.31     (i) were admitted to the United States as refugees under 
 24.32  section 207 of the Immigration and Nationality Act; 
 24.33     (ii) were granted asylum under section 208 of the 
 24.34  Immigration and Nationality Act; 
 24.35     (iii) were withheld from deportation under section 243(h) 
 24.36  of the Immigration and Nationality Act; 
 25.1      (iv) are veterans, as defined in United States Code, title 
 25.2   38, section 101, with a discharge characterized as an honorable 
 25.3   discharge and not on account of alienage; 
 25.4      (v) are on active duty, other than active duty for 
 25.5   training, in the armed forces of the United States; 
 25.6      (vi) are the spouse or unmarried dependent child of a 
 25.7   person described in item (iv) or (v); or 
 25.8      (vii) are eligible for TANF under refugee and entrant 
 25.9   assistance activities, authorized by the Immigration and 
 25.10  Nationality Act, title IV, and section 501 of the Refugee 
 25.11  Education Assistance Act of 1980, for Cuban and Haitian entrants 
 25.12  as defined in section 501(e)(2) of the Refugee Education 
 25.13  Assistance Act of 1980; and 
 25.14     (4) legal noncitizens admitted to the United States after 
 25.15  August 22, 1996, and not described in clause (3) if: 
 25.16     (i) they have resided in the United States for five years; 
 25.17  and 
 25.18     (ii) they have a sponsor who has executed an agreement of 
 25.19  support that satisfies the requirements of section 213A of title 
 25.20  II of the Immigration and Nationality Act. 
 25.21     (b) For the purposes of this subdivision, a "legal 
 25.22  noncitizen" is: 
 25.23     (1) a person who is lawfully admitted for permanent 
 25.24  residence under the Immigration and Nationality Act; 
 25.25     (2) a person who is granted asylum under section 208 of the 
 25.26  Immigration and Nationality Act; 
 25.27     (3) a refugee who is admitted to the United States under 
 25.28  section 207 of the Immigration and Nationality Act; 
 25.29     (4) a person who is paroled into the United States under 
 25.30  section 212(d)(5) of the Immigration and Nationality Act for a 
 25.31  period of at least one year; 
 25.32     (5) a person whose deportation is being withheld under 
 25.33  section 243(h) of the Immigration and Nationality Act; or 
 25.34     (6) a person who is granted conditional entry under section 
 25.35  203(a)(7) of the Immigration and Nationality Act as in effect 
 25.36  prior to April 1, 1980. 
 26.1      Subd. 7.  [DENIAL OF ASSISTANCE FOR TEN YEARS TO A PERSON 
 26.2   FOUND TO HAVE FRAUDULENTLY MISREPRESENTED RESIDENCY.] The 
 26.3   commissioner shall not provide assistance to an individual 
 26.4   during the ten-year period that begins on the date the 
 26.5   individual is convicted in federal or state court of having made 
 26.6   a fraudulent statement or representation with respect to the 
 26.7   place of residence of the individual in order to receive 
 26.8   assistance simultaneously from two or more states. 
 26.9      Subd. 8.  [DENIAL OF ASSISTANCE FOR FUGITIVE FELONS AND 
 26.10  PROBATION AND PAROLE VIOLATORS.] The commissioner shall not 
 26.11  provide assistance to any individual who is: 
 26.12     (1) fleeing to avoid prosecution, or custody or confinement 
 26.13  after conviction, under the laws of the place from which the 
 26.14  individual flees, for a crime, or an attempt to commit a crime, 
 26.15  which is a felony under the laws of the state from which the 
 26.16  recipient flees; or 
 26.17     (2) violating a condition of probation or parole. 
 26.18     Subd. 9.  [DENIAL OF ASSISTANCE FOR DRUG RELATED 
 26.19  CONVICTIONS.] An individual convicted of any federal or state 
 26.20  offense that is classified as a felony and has an element of 
 26.21  possession, use, or distribution of a controlled substance is 
 26.22  not eligible for TANF. 
 26.23     Subd. 10.  [DENIAL OF ASSISTANCE FOR MINOR CHILDREN WHO ARE 
 26.24  ABSENT FROM THE HOME FOR A SIGNIFICANT PERIOD.] The commissioner 
 26.25  shall not provide assistance for a minor child who has been, or 
 26.26  is expected by a parent or other caregiver relative of the child 
 26.27  to be, absent from the home for a period of 30 consecutive days. 
 26.28     Subd. 11.  [DENIAL OF ASSISTANCE FOR RELATIVE WHO FAILS TO 
 26.29  NOTIFY STATE AGENCY OF ABSENCE OF CHILD.] The commissioner shall 
 26.30  not provide assistance for an individual who is a parent or 
 26.31  other caregiver relative of a minor child and who fails to 
 26.32  notify the county agency of the absence of the minor child from 
 26.33  the home for 30 days by the end of the five-day period that 
 26.34  begins on the date that it becomes clear to the parent or 
 26.35  caregiver relative that the minor child will be absent for at 
 26.36  least 30 days. 
 27.1      Sec. 11.  [256J.10] [COMMUNITY INVOLVEMENT.] 
 27.2      The TANF program must be administered in a way that, in 
 27.3   addition to the county agency, other sectors in the community 
 27.4   such as employers from the public and private sectors, 
 27.5   not-for-profit organizations, educational and social service 
 27.6   agencies, labor unions, and neighborhood associations are 
 27.7   involved. 
 27.8      Sec. 12.  [256J.20] [REPORTING TO IMMIGRATION AND 
 27.9   NATURALIZATION SERVICE.] 
 27.10     Notwithstanding any law to the contrary, the commissioner 
 27.11  shall furnish to the Immigration and Naturalization Service at 
 27.12  least four times annually the name and address of, and any other 
 27.13  identifying information on, any individual who the commissioner 
 27.14  knows is unlawfully in the United States. 
 27.15     Sec. 13.  [256J.25] [DIVERSIONARY ASSISTANCE PROGRAM.] 
 27.16     Subdivision 1.  [ELIGIBILITY CRITERIA.] Up to the amount of 
 27.17  available appropriations, an applicant is eligible to receive 
 27.18  diversionary cash assistance if: 
 27.19     (1) the applicant provides to the county agency 
 27.20  verification that the assistance unit has a temporary loss of 
 27.21  income or delay in starting to receive income resulting in an 
 27.22  emergency; 
 27.23     (2) the applicant meets the TANF eligibility requirements 
 27.24  in section 256J.03; and 
 27.25     (3) the county agency determines that diversionary 
 27.26  assistance will resolve the emergency. 
 27.27     "Diversionary cash assistance" means a one-time lump sum 
 27.28  payment to an individual or third-party vendor to prevent 
 27.29  long-term receipt of public assistance.  The amount of cash 
 27.30  assistance provided is an amount up to the maximum TANF amount 
 27.31  for 120 days that the family would otherwise be eligible to 
 27.32  receive.  The amount of the payment is based on immediate needs 
 27.33  of the applicant.  County agencies shall strive to provide the 
 27.34  most cost-effective solution to the one-time emergency. 
 27.35     If an applicant receives a diversionary assistance payment, 
 27.36  all assistance unit members are ineligible for TANF for 1.33 
 28.1   times the number of days for which assistance is granted, 
 28.2   beginning with the date that the diversionary assistance is 
 28.3   issued.  An assistance unit is eligible to receive diversionary 
 28.4   assistance once in a 60-month period, and receipt of 
 28.5   diversionary assistance is voluntary. 
 28.6      Subd. 2.  [TIME FRAME FOR ELIGIBILITY 
 28.7   DETERMINATION.] County agencies shall determine eligibility for 
 28.8   diversionary assistance within five working days of the receipt 
 28.9   of the final verification that substantiates eligibility. 
 28.10     Sec. 14.  [256J.30] [JOBS FIRST COMPONENT OF TANF.] 
 28.11     Subdivision 1.  [ESTABLISHING JOBS FIRST 
 28.12  PROGRAM.] Effective July 1, 1997, the commissioner shall require 
 28.13  first-time applicants for TANF or for family general assistance 
 28.14  under section 256D.05, subdivision 1, clause (15), to meet the 
 28.15  requirements of the TANF-jobs first component. 
 28.16     The purpose of this component of the program is to: 
 28.17     (1) ensure that the participant is working as early as 
 28.18  possible; 
 28.19     (2) promote greater opportunity for economic self-support, 
 28.20  participation, and mobility in the work force; and 
 28.21     (3) minimize the risk for long-term welfare dependency. 
 28.22     Subd. 2.  [PROGRAM DESIGN.] This component shall meet the 
 28.23  following principles: 
 28.24     (1) work is the primary means of economic support; 
 28.25     (2) the individual's potential is reviewed during the 
 28.26  application process to determine how to approach the job market 
 28.27  aggressively; 
 28.28     (3) public aid such as cash and medical assistance, child 
 28.29  care, child support, and other cash benefits are used to support 
 28.30  intensive job search and immediate work; and 
 28.31     (4) maximum use is made of tax credits to supplement income.
 28.32     Subd. 3.  [DUTIES OF COMMISSIONER.] In addition to any 
 28.33  other duties imposed by law, the commissioner shall:  
 28.34     (1) establish this component of the program according to 
 28.35  this chapter and allocate money as appropriate to counties; 
 28.36     (2) provide systems development and staff training; and 
 29.1      (3) accept and supervise the disbursement of any funds that 
 29.2   may be provided from other sources for use in the program. 
 29.3      Subd. 4.  [DUTIES OF COUNTY AGENCY.] The county agency 
 29.4   shall: 
 29.5      (1) collaborate with the commissioner and other agencies to 
 29.6   develop and implement the jobs first component; 
 29.7      (2) operate the jobs first component in partnership with 
 29.8   private and public employers; local industry councils; labor 
 29.9   unions; and employment, educational, and social service agencies 
 29.10  and according to subdivision 2; and 
 29.11     (3) ensure that program elements such as client 
 29.12  orientation, immediate job search, job development, creation of 
 29.13  temporary public service jobs, job placements, and post 
 29.14  placement follow-up are implemented according to the jobs first 
 29.15  program. 
 29.16     Subd. 5.  [DUTIES OF PARTICIPANT.] To be eligible for 
 29.17  assistance, a participant shall cooperate with the county 
 29.18  agency, the provider, and the participant's employer in all 
 29.19  aspects of the jobs first component. 
 29.20     Sec. 15.  [256J.31] [JOBS FIRST BENEFIT PAYMENTS.] 
 29.21     Payments for rent and utilities for the amount the 
 29.22  assistance unit is entitled to will be vendor paid for as many 
 29.23  months as the assistance unit is eligible, until the assistance 
 29.24  unit obtains employment, or six months, whichever comes first.  
 29.25  The residual amount after vendor payment, if any, will be paid 
 29.26  to the assistance unit, unless it is used as a wage subsidy 
 29.27  under section 256J.33, subdivision 2.  If the assistance unit 
 29.28  obtains employment, vendor payments will be terminated and the 
 29.29  determination of family income will be governed by TANF-work and 
 29.30  training procedures. 
 29.31     Sec. 16.  [256J.32] [REQUIREMENTS.] 
 29.32     Subdivision 1.  [NOTIFICATION.] Except as provided in this 
 29.33  section, the TANF and family general assistance application 
 29.34  process shall be followed.  Within two days after the receipt of 
 29.35  a completed combined application form, the county agency must 
 29.36  refer to the provider those applicants required to participate 
 30.1   in the jobs first component of the TANF program and notify the 
 30.2   applicant, in writing, of the requirements, including the 
 30.3   following provisions: 
 30.4      (1) notification that, as part of the application process, 
 30.5   applicants are required to attend orientation, to be followed 
 30.6   immediately by a job search; 
 30.7      (2) the provider, date, time, and location of the scheduled 
 30.8   orientation; 
 30.9      (3) the procedures for qualifying for and receiving 
 30.10  benefits under the program; 
 30.11     (4) the extent of supportive services, including, but not 
 30.12  limited to, child care, transportation, medical assistance, and 
 30.13  other work-related aid; and 
 30.14     (5) the rights, responsibilities, and obligations of 
 30.15  participants in the program, including, but not limited to, the 
 30.16  grounds for exemptions and deferrals, the consequences for 
 30.17  refusing or failing to participate fully, and the appeal process.
 30.18     Subd. 2.  [PROGRAM ORIENTATION.] The provider must give a 
 30.19  face-to-face orientation regarding the program to the applicant 
 30.20  within five days after the date of application.  The orientation 
 30.21  must be designed to inform the applicant of: 
 30.22     (1) the importance of locating and obtaining a job as soon 
 30.23  as possible; 
 30.24     (2) benefits to be provided to support work; 
 30.25     (3) the manner by which benefits are paid; 
 30.26     (4) how other supportive services such as medical 
 30.27  assistance, child care, transportation, and other work-related 
 30.28  aid may be available to support job search and work; 
 30.29     (5) the consequences for failure without good cause to 
 30.30  comply with the requirements of the jobs first component of the 
 30.31  TANF program; and 
 30.32     (6) the appeal process. 
 30.33     Subd. 3.  [JOB SEARCH PLAN; EMPLOYMENT ADVISOR; FINANCIAL 
 30.34  SPECIALIST; SELF-SUFFICIENCY AGREEMENT.] (a) At the end of 
 30.35  orientation, the provider must assign an employment advisor and 
 30.36  a financial specialist to the applicant.  Unless the recipient 
 31.1   is exempt under section 256J.06, subdivision 2 or 3, the 
 31.2   employment advisor must, in cooperation with the recipient, 
 31.3   assess the recipient and develop a job search plan based on 
 31.4   existing job markets, prior employment, work experience, and 
 31.5   transferable work skills.  Job search must be done for a period 
 31.6   of up to eight consecutive weeks for at least 32 hours per week, 
 31.7   unless deferred under subdivision 10.  The types of and target 
 31.8   number of job openings to be pursued per week must be written in 
 31.9   the job search plan.  
 31.10     (b) Following the development of the job search plan or the 
 31.11  employment deferment plan under subdivision 10, the financial 
 31.12  specialist must interview the applicant to determine eligibility 
 31.13  for and the extent of benefits under section 256J.35 to support 
 31.14  the job search plan or employment deferment plan.  The provider 
 31.15  must attach to the appropriate plan the summary of the necessary 
 31.16  enabling services and benefits to be furnished by the provider. 
 31.17     (c) The provider or its representative and the applicant 
 31.18  must sign the plan, with its attachment, to indicate a 
 31.19  self-sufficiency agreement between the provider and the 
 31.20  participant. 
 31.21     (d) For purposes of this section, a "job search plan" means 
 31.22  the specific plan developed by the applicant, with advice from 
 31.23  the employment advisor.  A self-sufficiency agreement is the 
 31.24  agreement between the provider or its representative and the 
 31.25  applicant that describes the activities that the applicant must 
 31.26  conduct and the necessary services and aid to be furnished by 
 31.27  the provider to enable the individual to meet the purpose of 
 31.28  either the job search plan or employment deferment plan. 
 31.29     Subd. 4.  [JOB SEARCH STATUS REPORT.] The applicant or 
 31.30  participant must submit a completed job search plan status 
 31.31  report form to the employment advisor every two weeks during the 
 31.32  job search process, with the first completed form due 21 days 
 31.33  after the date of application.  For purposes of this section, a 
 31.34  job search status report form is a form on which participants 
 31.35  indicate the number of submitted job applications, job 
 31.36  interviews held, jobs offered, other outcomes achieved, problems 
 32.1   encountered, and the total number of hours spent on job search 
 32.2   per week. 
 32.3      Subd. 5.  [JOB SEARCH ACTIVITIES.] The following activities 
 32.4   may be included in the job search plan: 
 32.5      (a) Job clubs, which shall consist of both of the following:
 32.6      (1) job search workshops, which shall be group training 
 32.7   sessions where participants learn various job finding skills, 
 32.8   including training in basic job seeking skills, job development 
 32.9   skills, job interviewing skills, understanding employer 
 32.10  requirements and expectations, and how to enhance self-esteem, 
 32.11  self-image, and confidence; and 
 32.12     (2) supervised job search, which includes, but is not 
 32.13  limited to, access to telephone banks in a clean and 
 32.14  well-lighted place, job orders, direct referrals to employers, 
 32.15  or other organized methods of seeking work which are overseen, 
 32.16  reviewed, and critiqued by a trained employment professional.  
 32.17     (b) Unsupervised job search, where the individual shall 
 32.18  seek work in the individual's own way, and make periodic 
 32.19  progress reports no less frequently than every two weeks to the 
 32.20  provider. 
 32.21     (c) Job placement, which shall include, but not be limited 
 32.22  to, referrals to jobs listed by employers. 
 32.23     (d) Job development, which shall be active assistance in 
 32.24  seeking employment provided to a participant by a training 
 32.25  employment professional on a one-to-one basis. 
 32.26     (e) Employment counseling, which shall be counseling aimed 
 32.27  at helping a person reach an informed decision on an appropriate 
 32.28  employment goal. 
 32.29     Subd. 6.  [IMMEDIATE JOB SEARCH.] An applicant is required 
 32.30  to begin job search within seven days after the date of 
 32.31  application for at least 32 hours per week for up to eight 
 32.32  weeks, unless exempted under section 256J.06, subdivision 2 or 
 32.33  3, or deferred under subdivision 10.  For an applicant who is 
 32.34  working at least 20 hours per week, job search shall consist of 
 32.35  12 hours per week for up to eight weeks.  Within the first five 
 32.36  days of job search, the applicant is required to initiate 
 33.1   informational contacts with prospective employers, generate 
 33.2   additional job leads from the job network, review references and 
 33.3   experiences from previous employment, and carry out the other 
 33.4   activities under the job search plan developed under subdivision 
 33.5   3.  For purposes of this subdivision, "job network" means a 
 33.6   source that a recipient may contact to learn more about 
 33.7   particular companies, inquire about job leads, or discuss one's 
 33.8   occupational interests and expertise. 
 33.9      Subd. 7.  [TWO-PARENT HOUSEHOLDS.] All two-parent 
 33.10  households under the jobs first component of the TANF program 
 33.11  will be required to meet the requirements in the community work 
 33.12  experience program under section 256.737, instead of the 
 33.13  requirements in subdivisions 6 to 14.  
 33.14     Subd. 8.  [DESIGNATED PARTICIPANT IN FAMILY GENERAL 
 33.15  ASSISTANCE HOUSEHOLDS.] Unless all adult members of a family 
 33.16  general assistance household are exempt under section 256J.06, 
 33.17  subdivision 2 or 3, one adult in the family must be designated 
 33.18  to participate in all the requirements under this section.  If 
 33.19  the household contains more than one nonexempt adult, the county 
 33.20  agency shall designate the adult having earned the greater 
 33.21  income, including in-kind income, during the 24-month period 
 33.22  immediately preceding the month of application for general 
 33.23  assistance, as the adult that must participate.  When there are 
 33.24  no earnings or when earnings are identical for each adult, the 
 33.25  county agency shall designate which adult must participate. 
 33.26     Subd. 9.  [APPROVAL OR DENIAL OF APPLICATION.] The county 
 33.27  agency must act on the application within 30 days of the date 
 33.28  the county agency receives a signed and dated combined 
 33.29  application form part I.  If the applicant is not eligible, the 
 33.30  application will be denied and the county agency must notify the 
 33.31  applicant of the denial in writing.  An applicant whose 
 33.32  application has been denied may be allowed to complete the job 
 33.33  search plan, but the county shall not provide supportive 
 33.34  services to ineligible applicants. 
 33.35     Subd. 10.  [EMPLOYMENT DEFERMENT PLAN.] (a) At the 
 33.36  discretion and approval of the employment advisor, the applicant 
 34.1   may be deferred from the requirement to conduct at least 32 
 34.2   hours of job search per week for up to eight consecutive weeks, 
 34.3   if during the development of the job search plan, the applicant 
 34.4   is determined to: 
 34.5      (1) not have worked within the past 12 months and not have 
 34.6   a high school or a general equivalency diploma, provided the 
 34.7   applicant agrees to develop and carry out an employment 
 34.8   deferment plan instead of job search, and concurrently work so 
 34.9   that the combination of work and educational activities totals 
 34.10  not less than 40 hours per week; 
 34.11     (2) be within six months of completing any post-secondary 
 34.12  training program, provided that the applicant agrees to develop 
 34.13  and carry out an employment deferment plan instead of a job 
 34.14  search, and concurrently work for a minimum number of hours per 
 34.15  week in a temporary public service job.  An applicant who is 
 34.16  deferred under this subdivision may choose to work in a job 
 34.17  other than a public service job for a minimum number of hours 
 34.18  per week rather than in a temporary public service job.  For 
 34.19  individuals who are attending school full time as determined by 
 34.20  the institution there is no work requirement.  
 34.21     For individuals participating in an educational program on 
 34.22  a part-time basis as determined by the institution, the minimum 
 34.23  number of hours that a participant must work shall be decreased 
 34.24  as the participant increases the number of credit hours taken, 
 34.25  except that the participant shall not be required to work more 
 34.26  than eight hours per week.  
 34.27     During vacation periods of one month or more, the 16-hour 
 34.28  per week minimum work requirement applies.  The applicant may be 
 34.29  deferred for up to six months.  At the end of the deferment 
 34.30  period, the participant must develop a job search plan and 
 34.31  conduct at least 32 hours of job search per week for up to eight 
 34.32  consecutive weeks, and submit job search status reports as 
 34.33  required; 
 34.34     (3) be in treatment for chemical dependency, be a victim of 
 34.35  domestic abuse, or be homeless, provided that the applicant 
 34.36  agrees to develop an employment deferment plan instead of a job 
 35.1   search plan, and immediately follow through with the activities 
 35.2   in the employment deferment plan.  Under this clause, the 
 35.3   applicant may be deferred for up to eight weeks; or 
 35.4      (4) need refresher courses for purposes of obtaining 
 35.5   professional certification or licensure, provided arrangements 
 35.6   to take the courses are included in the employment deferment 
 35.7   plan, and the applicant also works sufficient hours so that the 
 35.8   combination of work and educational activities totals not less 
 35.9   than 40 hours per week. 
 35.10     (b) For purposes of paragraph (a), clauses (1) and (2), the 
 35.11  employment deferment plan must include the employment goals and 
 35.12  specific outcomes the participant must achieve in order to 
 35.13  remain eligible for assistance.  For purposes of paragraph (a), 
 35.14  clause (3), the employment deferment plan must identify the 
 35.15  recipient's problem issues and include specific outcomes that 
 35.16  the recipient must achieve and activities the recipient must 
 35.17  participate in in order to address the issues identified and 
 35.18  remain eligible for assistance. 
 35.19     (c) Employment deferment plan is a plan developed by the 
 35.20  recipient, with advice from the employment advisor, for the 
 35.21  purposes of identifying an employment goal, improving work 
 35.22  skills through certification, education, training, or skills 
 35.23  recertification, and which addresses barriers to employment. 
 35.24     Subd. 11.  [EMPLOYMENT DEFERMENT PLAN STATUS REPORT.] The 
 35.25  participant who is deferred from job search under subdivision 10 
 35.26  must submit a completed employment deferment plan status report 
 35.27  form to the employment advisor every 14 days as long as the 
 35.28  participant continues to be deferred, with the first completed 
 35.29  form due 21 days after the date of application.  For purposes of 
 35.30  this section, an "employment deferment plan status report form" 
 35.31  means a program form on which deferred participants indicate 
 35.32  what has been achieved in the participant's employment deferment 
 35.33  plan and the types of problems encountered. 
 35.34     Subd. 12.  [JOB OFFER.] A participant must not refuse any 
 35.35  offer of suitable employment.  If a job is offered, the 
 35.36  participant must inform the provider immediately to redetermine 
 36.1   eligibility for and extent of benefits and services to support 
 36.2   work.  To enhance job retention, the provider may provide 
 36.3   services such as motivational counseling or on-site problem 
 36.4   solving for up to six months.  The participant who has completed 
 36.5   at least six months of work in a nonsubsidized job shall be 
 36.6   encouraged to participate in a training program that would 
 36.7   improve the participant's ability to obtain a job that pays a 
 36.8   higher wage. 
 36.9      Subd. 13.  [DUTY TO REPORT.] The participant must inform 
 36.10  the provider within three days regarding any changes related to 
 36.11  the participant's employment status. 
 36.12     Subd. 14.  [REQUIREMENT TO WORK IN A TEMPORARY PUBLIC 
 36.13  SERVICE JOB.] (a) If after the completion of the maximum eight 
 36.14  weeks of job search the participant has failed to secure a 
 36.15  nonsubsidized or a subsidized job for at least 32 hours per 
 36.16  week, or does not earn a net income from self-employment that is 
 36.17  at least equal to the TANF or family general assistance monthly 
 36.18  grant for the household size, whichever is applicable, the 
 36.19  participant is required to work in a temporary public service 
 36.20  job for up to 67 working days or 536 hours for the lesser of: 
 36.21     (1) 32 hours per week; or 
 36.22     (2) the average number of weekly hours that result from 
 36.23  dividing the TANF or family general assistance grant amount 
 36.24  which the participant would otherwise receive, whichever is 
 36.25  applicable, by the federal hourly minimum wage, or applicable 
 36.26  state hourly minimum wage, or the hourly rate of pay for 
 36.27  individuals employed in the same occupation at the site, 
 36.28  whichever is highest.  
 36.29     (b) Within seven days from the date of application, the 
 36.30  provider shall assign a participant who is deferred under 
 36.31  subdivision 10, paragraph (a), clause (1), (2), or (4), to work 
 36.32  in a temporary public service job unless employed elsewhere.  
 36.33     (c) The provider shall strive to match the profile of the 
 36.34  participant with the needs of the employers that are 
 36.35  participating in a temporary jobs program under section 256J.34. 
 36.36     Subd. 15.  [TERMINATION OF TEMPORARY WORK ASSIGNMENT.] Work 
 37.1   assignments are governed by section 256.7341.  If the 
 37.2   participant is retained on the job for more than 536 hours, the 
 37.3   participant becomes a public employee as defined in section 
 37.4   179A.03, subdivision 14. 
 37.5      Subd. 16.  [RETURN TO JOB SEARCH.] At the conclusion of the 
 37.6   time period allowed for temporary public service employment, the 
 37.7   recipient is required to resume job search activities under 
 37.8   terms of the job search plan until the recipient has completed 
 37.9   six months in the jobs first component, unless the recipient 
 37.10  becomes employed. 
 37.11     Sec. 17.  [256J.33] [JOB DEVELOPMENT AND SUBSIDY.] 
 37.12     Subdivision 1.  [JOB INVENTORY.] The provider must develop 
 37.13  an inventory of job openings including full-time, part-time, 
 37.14  permanent, temporary or seasonal, and training positions, in 
 37.15  partnership with private and public employers, local industry 
 37.16  councils, and employment agencies.  To the extent possible, the 
 37.17  inventory must include specific information regarding job 
 37.18  openings, must be updated on a weekly basis, and must be 
 37.19  available to all participants on a daily basis. 
 37.20     Subd. 2.  [JOB SUBSIDY.] For a period not to exceed six 
 37.21  months, the county may use all or part of TANF or family general 
 37.22  assistance benefits as a subsidy to employers for the purpose of 
 37.23  providing work experience or training to the participant who has 
 37.24  completed the job search plan, provided that: 
 37.25     (1) the job to be subsidized is permanent and full time and 
 37.26  pays an hourly rate of at least $8 per hour; 
 37.27     (2) the employer agrees to retain the participant after 
 37.28  satisfactory completion of the work experience or training 
 37.29  period; and 
 37.30     (3) the participant has first tried to secure a 
 37.31  nonsubsidized job by following the job search plan. 
 37.32     Sec. 18.  [256J.34] [TEMPORARY JOBS PROGRAM.] 
 37.33     Subdivision 1.  [PROGRAM ESTABLISHED.] The provider must 
 37.34  establish and operate a program to provide temporary jobs to 
 37.35  participants who, after eight weeks of job search, are not hired 
 37.36  into a nonsubsidized or a subsidized job, or are deferred under 
 38.1   section 256J.32, subdivision 10.  The temporary jobs to be 
 38.2   created under this section must be public service jobs that 
 38.3   serve a useful public service such as:  health, social service, 
 38.4   environmental protection, education, urban and rural development 
 38.5   and redevelopment, welfare, recreation, public facilities, 
 38.6   public safety, community service, services to the aged or 
 38.7   disabled citizens, and child care. 
 38.8      Subd. 2.  [ASSIGNMENT TO TEMPORARY PUBLIC SERVICE JOBS.] 
 38.9   The provider must assign to a temporary public service job a 
 38.10  participant who is within seven days of completion of the 
 38.11  required eight weeks of job search and has failed to secure a 
 38.12  nonsubsidized or a subsidized job for at least 32 hours per 
 38.13  week, or does not earn a net income from self-employment that is 
 38.14  equal to at least the TANF or family general assistance monthly 
 38.15  grant for the household size, whichever is applicable.  The 
 38.16  assignment must be made seven days before the end of the job 
 38.17  search and be based on section 256J.32, subdivision 14. 
 38.18     Subd. 3.  [PARTICIPANT'S STATUS.] A participant who is 
 38.19  working in a temporary public service job under this section is 
 38.20  not considered an employee for the purposes of unemployment 
 38.21  insurance compensation, retirement, or civil service laws, and 
 38.22  shall not perform work ordinarily performed by a public employee.
 38.23     Subd. 4.  [CONTINUOUS JOB SEARCH REQUIREMENT.] At the 
 38.24  discretion of the employer or the provider, a participant who is 
 38.25  working in a temporary public service job under section 256J.32, 
 38.26  subdivision 14, may be required to continue to look for a job 
 38.27  for up to eight hours per week.  
 38.28     Subd. 5.  [EXCUSED ABSENCES.] A participant who is working 
 38.29  in a temporary public service job may be allowed excused 
 38.30  absences from the assigned temporary job site up to eight hours 
 38.31  per month.  For the purposes of this subdivision, "excused 
 38.32  absence" means absence due to temporary illness or injury of the 
 38.33  caregiver or a member of the caregiver's family, the 
 38.34  unavailability of licensed child care or transportation needed 
 38.35  to go to and from the work site, a job interview, or a 
 38.36  nonmedical emergency.  For the purposes of this subdivision, 
 39.1   "emergency" means a sudden, unexpected occurrence or situation 
 39.2   of a serious or urgent nature that requires action. 
 39.3      Sec. 19.  [256J.35] [TRANSITIONAL BENEFITS TO SUPPORT WORK; 
 39.4   RENT AND UTILITIES VENDOR PAYMENT.] 
 39.5      Payments for rent and utilities up to the amount of TANF or 
 39.6   family general assistance benefits to which the assistance unit 
 39.7   is entitled shall be provided in the form of vendor payments for 
 39.8   as many months as the applicant is eligible, until the applicant 
 39.9   obtains employment, or six months, whichever comes first.  The 
 39.10  residual amount after vendor payment, if any, will be paid to 
 39.11  the recipient, unless it is used as a wage subsidy under section 
 39.12  256J.33, subdivision 2.  This provision applies to all 
 39.13  applicants including those meeting the exemption categories 
 39.14  under section 256J.06, subdivision 2 or 3, or deferral 
 39.15  categories under section 256J.32, subdivision 10.  To the extent 
 39.16  needed, a job search allowance must be provided to cover 
 39.17  expenses related to the job search.  Before the job search 
 39.18  allowance is issued, it must be approved by the employment 
 39.19  advisor and financial specialist, and clearly described in the 
 39.20  job search.  If the recipient obtains employment, vendor 
 39.21  payments will be terminated, and determination of family income 
 39.22  will be governed by TANF-work and training procedures. 
 39.23     Sec. 20.  [256J.40] [WORK AND TRAINING COMPONENT OF TANF; 
 39.24  ELIGIBILITY FOR TANF AFTER JOBS FIRST.] 
 39.25     In order to receive assistance under the TANF-work and 
 39.26  training component, a family must complete six months on 
 39.27  TANF-jobs first, if applicable. 
 39.28     Sec. 21.  [256J.42] [INCOME SUPPORT AND TRANSITION; 
 39.29  ORIENTATION; REQUIRED EMPLOYABILITY PLAN AND FAMILY SUPPORT 
 39.30  AGREEMENT.] 
 39.31     Subdivision 1.  [EXPECTATIONS.] All families eligible for 
 39.32  assistance under TANF-work and training are expected to be in 
 39.33  transitional status as defined in section 256J.02, subdivision 
 39.34  26.  To be considered in transitional status, families must meet 
 39.35  the following expectations: 
 39.36     (a) For a family headed by a single adult parental 
 40.1   caregiver, the expectation is that the parental caregiver will: 
 40.2      (1) if the caregiver is a first-time applicant, participate 
 40.3   in jobs first for six months and independently pursue 
 40.4   self-sufficiency for an additional six months until the family 
 40.5   has received assistance for 12 months within the preceding 24 
 40.6   months; or 
 40.7      (2) for all other caregivers, independently pursue 
 40.8   self-sufficiency for 12 months until the family has received 
 40.9   assistance for 12 months within the preceding 24 months.  
 40.10     Beginning with the 13th month of assistance, the parent 
 40.11  must be developing or complying with the terms of the family 
 40.12  support agreement.  
 40.13     (b) For a family with a minor parental caregiver or a 
 40.14  family whose parental caregiver is 18 or 19 years of age and 
 40.15  does not have a high school diploma or its equivalent, the 
 40.16  expectation is that, concurrent with the receipt of assistance, 
 40.17  the parental caregiver must be developing or complying with a 
 40.18  family support agreement.  The terms of the family support 
 40.19  agreement must include school attendance as described in section 
 40.20  256J.02, subdivision 28, clause (11).  If the assistance unit 
 40.21  does not comply with the school attendance requirement, the 
 40.22  sanctions in section 256J.06, subdivision 1, apply.  
 40.23     (c) For a family with two adult parental caregivers, the 
 40.24  expectation is that at least one parent will participate in jobs 
 40.25  first for six months and fulfill the requirements of the 
 40.26  community work experience program under section 256.737.  
 40.27  Beginning with the seventh month of assistance, one parent must 
 40.28  be developing or complying with the terms of the family support 
 40.29  agreement.  To the extent of available resources and provided 
 40.30  the other caregiver is proficient in English, the commissioner 
 40.31  may require that both caregivers in a family with two adult 
 40.32  parental caregivers, in which the youngest child has attained 
 40.33  the age of one, must be developing or complying with the terms 
 40.34  of a family support agreement by the seventh month on assistance.
 40.35  A caregiver shall be determined proficient in English if the 
 40.36  county agency, or its employment and training service provider, 
 41.1   determines that the person has sufficient English language 
 41.2   capabilities to become suitably employed.  
 41.3      Subd. 2.  [ORIENTATION.] The county agency must provide 
 41.4   orientation which supplies information to caregivers about TANF, 
 41.5   and must encourage parental caregivers to engage in activities 
 41.6   to stabilize the family and lead to employment and self-support. 
 41.7      Subd. 3.  [CASE MANAGEMENT SERVICES.] (a) The county agency 
 41.8   will provide case management services to caregivers required to 
 41.9   develop and comply with a family support agreement as provided 
 41.10  in subdivision 5.  For minor parents, the case manager shall 
 41.11  ensure that the family support agreement requires school 
 41.12  attendance as described in section 256J.02, subdivision 28, 
 41.13  clause (11), if appropriate.  Sanctions for failing to develop 
 41.14  or comply with the terms of a family support agreement shall be 
 41.15  imposed according to section 256J.06, subdivision 1.  When a 
 41.16  minor parent reaches age 17, or earlier if determined necessary 
 41.17  by the social service agency, the minor parent shall be referred 
 41.18  for case management services.  
 41.19     (b) Case managers shall provide the following services: 
 41.20     (1) provide or arrange for an assessment of the family and 
 41.21  caregiver's needs, interests, and abilities; 
 41.22     (2) coordinate services; 
 41.23     (3) develop an employability plan according to subdivision 
 41.24  4; 
 41.25     (4) develop a family support agreement according to 
 41.26  subdivision 5; and 
 41.27     (5) monitor the caregiver's compliance with the 
 41.28  employability plan and the family support agreement as required 
 41.29  by the commissioner.  
 41.30     (c) Case management counseling and personal assistance 
 41.31  services may continue for up to six months following the 
 41.32  caregiver's achievement of employment goals.  Funds for specific 
 41.33  employment and training services may be expended for up to 90 
 41.34  days after the caregiver loses eligibility for financial 
 41.35  assistance. 
 41.36     Subd. 4.  [EMPLOYABILITY PLAN.] (a) The case manager shall 
 42.1   develop an employability plan with the caregiver that must be 
 42.2   based on the assessment in subdivision 3 of the caregiver's 
 42.3   needs, interests, and abilities. 
 42.4      (b) An employability plan must identify the caregiver's 
 42.5   employment goal or goals and explain what steps the family must 
 42.6   take to pursue self-sufficiency.  
 42.7      (c) Activities in the employability plan may include 
 42.8   preemployment activities such as:  programs, activities, and 
 42.9   services related to job training and job placement.  These 
 42.10  preemployment activities may include, based on availability and 
 42.11  resources, participation in dislocated worker services, chemical 
 42.12  dependency treatment, mental health services, self-esteem 
 42.13  enhancement activities, peer group networks, displaced homemaker 
 42.14  programs, education programs leading toward the employment goal, 
 42.15  parenting education, and other programs to help the families 
 42.16  reach their employment goals and enhance their ability to care 
 42.17  for their children. 
 42.18     Subd. 5.  [FAMILY SUPPORT AGREEMENT.] (a) The family 
 42.19  support agreement is the enforceable component of the 
 42.20  employability plan as described in subdivision 4.  For purposes 
 42.21  of this section, a "family support agreement" means the 
 42.22  agreement developed by the case manager and the caregiver. 
 42.23     A parental caregiver's failure to comply with any part of 
 42.24  the family support agreement without good cause as provided in 
 42.25  section 256J.06, subdivision 3, is subject to sanction as 
 42.26  provided in section 256J.06, subdivision 1. 
 42.27     (b) A family support agreement must identify the parental 
 42.28  caregiver's employment goal or goals and outline the steps which 
 42.29  the parental caregiver and case manager mutually determined are 
 42.30  necessary to achieve each goal.  Activities are limited to those 
 42.31  described in section 256J.02, subdivision 28. 
 42.32     (c) A family support agreement shall include only those 
 42.33  activities described in paragraph (b).  Social services or 
 42.34  activities, such as mental health or chemical dependency 
 42.35  services, parenting education, or budget management, can be 
 42.36  included in the employability plan and not in the family support 
 43.1   agreement and are not subject to a sanction under section 
 43.2   256J.06, subdivision 1. 
 43.3      (d) For a parental caregiver whose employability plan is 
 43.4   composed entirely of services described in paragraph (c), the 
 43.5   family support agreement shall designate a date for reassessment 
 43.6   of the activities needed to reach the parental caregiver's 
 43.7   employment goal and this date shall be considered as the content 
 43.8   of the family support agreement.  The parental caregiver and 
 43.9   case manager shall meet at least semiannually to review and 
 43.10  revise the family support agreement. 
 43.11     (e) The family support agreement must identify the services 
 43.12  that the county agency will provide to the family to enable the 
 43.13  parental caregiver to comply with the family support agreement, 
 43.14  including support services such as transportation and child care.
 43.15     (f) The family support agreement must state the parental 
 43.16  caregiver's obligations and the conditions under which the 
 43.17  county agency will recommend a sanction be applied to the grant 
 43.18  and withdraw the services. 
 43.19     (g) The family support agreement will specify a date for 
 43.20  completion of activities leading to the employment goal.  
 43.21     (h) The family support agreement must be signed and dated 
 43.22  by the case manager and parental caregiver.  In all cases, the 
 43.23  case manager must assist the parental caregiver in reviewing and 
 43.24  understanding the family support agreement and must assist the 
 43.25  caregiver in setting realistic goals in the agreement which are 
 43.26  consistent with the ultimate goal of financial support for the 
 43.27  caregiver's family. 
 43.28     (i) The caregiver may revise the family support agreement 
 43.29  with the case manager when good cause indicates revision is 
 43.30  warranted.  Revisions for reasons other than good cause to 
 43.31  employment goals or steps toward self-support may be made in the 
 43.32  first six months after the signing of the family support 
 43.33  agreement with the approval of the case manager.  After that, 
 43.34  the revision must be approved by the case management supervisor 
 43.35  or other persons responsible for review of case management 
 43.36  decisions. 
 44.1      Subd. 6.  [OBLIGATION TO SEEK AND OBTAIN FULL-TIME 
 44.2   EMPLOYMENT.] (a) When the family support agreement specifies a 
 44.3   date when job search should begin, the parental caregiver must 
 44.4   participate in employment search activities.  If, after three 
 44.5   months of search, the parental caregiver does not find a job 
 44.6   that is consistent with the parental caregiver's employment 
 44.7   goal, the parent must accept any employment that meets the 
 44.8   requirements of section 256J.02, subdivision 24.  The search may 
 44.9   be extended for up to three months if the parental caregiver 
 44.10  seeks and needs additional job search assistance. 
 44.11     (b) When the family support agreement specifies job search 
 44.12  consistent with the overall employment goal, the caregiver is 
 44.13  expected to seek and accept full-time employment.  For this 
 44.14  purpose, "full-time employment" means 40 or more hours a week.  
 44.15  Caregivers who are single parents with a child under six satisfy 
 44.16  this requirement by working 20 or more hours a week. 
 44.17     (c) A caregiver who voluntarily quits employment without 
 44.18  good cause or without agreement of the case manager, or who is 
 44.19  terminated for nonperformance, must contact the case manager 
 44.20  within three calendar days of the date employment ended to 
 44.21  schedule a meeting to revise the family support agreement.  A 
 44.22  caregiver who fails to contact the case manager within the 
 44.23  required time or fails to attend a scheduled meeting to revise 
 44.24  the family support agreement is subject to sanction.  If the 
 44.25  revised family support agreement specifies job search, the 
 44.26  caregiver must take any employment that meets the requirements 
 44.27  of section 256J.02, subdivision 24.  A caregiver who fails to 
 44.28  comply is subject to sanction.  A caregiver who voluntarily 
 44.29  quits employment with good cause or who is laid off must contact 
 44.30  the case manager within three calendar days of the date 
 44.31  employment ended to schedule a meeting to revise the family 
 44.32  support agreement.  A caregiver who fails to contact the case 
 44.33  manager within the required time or fails to attend a scheduled 
 44.34  meeting to revise the family support agreement is subject to 
 44.35  sanction.  If the family support agreement specifies job search, 
 44.36  the search is limited to three months to find a job related to 
 45.1   the caregiver's overall employment goal.  After three months, 
 45.2   the caregiver must take any employment that meets the 
 45.3   requirements of section 256J.02, subdivision 24.  A caregiver 
 45.4   who fails to comply is subject to sanction.  Sanctions shall be 
 45.5   imposed according to section 256J.06, subdivision 1. 
 45.6      Subd. 7.  [CHILD CARE.] The commissioner shall, within the 
 45.7   limits of available appropriations, provide each TANF-work and 
 45.8   training caregiver, who is employed or is developing or is 
 45.9   engaged in activities identified in an employability plan under 
 45.10  subdivision 4 and who needs assistance with child care costs to 
 45.11  be employed or to develop or comply with the terms of an 
 45.12  employability plan, a child care subsidy through child care 
 45.13  money appropriated for TANF.  The subsidy may cover all actual 
 45.14  child care costs for eligible hours up to the maximum rate 
 45.15  allowed under section 119B.13. 
 45.16     Sec. 22.  [256J.43] [PROTECTIONS.] 
 45.17     Subdivision 1.  [SUPPORT SERVICES.] If assistance with 
 45.18  child care or transportation is necessary to enable a parental 
 45.19  caregiver to work, obtain training or education, attend 
 45.20  orientation, or comply with the terms of a family support 
 45.21  agreement with the county agency, and the county agency 
 45.22  determines that child care or transportation is not available, 
 45.23  the family's applicable standard of assistance continues to be 
 45.24  the transitional standard. 
 45.25     Subd. 2.  [VOLUNTEERS.] For caregivers receiving assistance 
 45.26  under TANF-work and training who are not currently employed but 
 45.27  who are independently pursuing self-sufficiency, case 
 45.28  management, support services, and child care are available to 
 45.29  the extent that resources permit.  A caregiver who volunteers is 
 45.30  not subject to a sanction under section 256J.06, subdivision 1. 
 45.31     Subd. 3.  [NOTIFICATION REQUIREMENT.] The county agency 
 45.32  shall contact a family headed by a single adult parent when the 
 45.33  family has received assistance through TANF, including the 
 45.34  TANF-jobs first component, for six months within the preceding 
 45.35  18 months.  The county agency shall remind the family that 
 45.36  beginning with the 13th month of assistance, receipt of the 
 46.1   transitional standard is contingent upon transitional status.  
 46.2   The county agency shall encourage the family to begin preparing 
 46.3   for the change in expectations. 
 46.4      Subd. 4.  [TIMELY ASSISTANCE.] Applications must be 
 46.5   processed in a timely manner according to the processing 
 46.6   standards of the Food Stamp Act of 1977, as amended, and no 
 46.7   later than 30 days following the date of application, unless the 
 46.8   county agency has requested information that the applicant has 
 46.9   not yet supplied.  Financial assistance must be provided at 
 46.10  least monthly to eligible families. 
 46.11     Sec. 23.  [STATE AGENCY HIRING STUDY.] 
 46.12     (a) The commissioner of human services shall study and 
 46.13  report to the legislature by January 15, 1998, with 
 46.14  recommendations to make state agencies and institutions of 
 46.15  higher education a model for hiring public assistance 
 46.16  recipients.  The study shall include recommendations to promote 
 46.17  the hiring of recipients. 
 46.18     (b) The commissioner shall consult with other state 
 46.19  agencies, state colleges and universities, the University of 
 46.20  Minnesota, and public employee unions in developing the 
 46.21  recommendations. 
 46.22     (c) The commissioner shall encourage other state agencies 
 46.23  and higher education facilities to develop programs to move 
 46.24  recipients from assistance programs to permanent state and 
 46.25  higher education employment. 
 46.26     Sec. 24.  [1998 CONFORMING LEGISLATION REQUIRED.] 
 46.27     The commissioner of human services shall prepare for the 
 46.28  1998 legislature any legislation necessary to repeal or revise 
 46.29  any conflicting provisions in chapters 256, 256B, and any other 
 46.30  chapters of state law. 
 46.31     Sec. 25.  [PILOT PROJECTS REPEALED.] 
 46.32     The work first, work focused, MN Jobs, Minnesota family 
 46.33  investment plan, and Minnesota family investment plan-R pilot 
 46.34  projects under chapters 256 and 256D are repealed effective July 
 46.35  1, 1997.  The commissioner shall transfer participants in those 
 46.36  pilot projects into TANF effective July 1, 1997. 
 47.1      Sec. 26.  [TRANSITION RULE FOR CURRENT CASELOAD.] 
 47.2      The commissioner shall transfer persons who are recipients 
 47.3   of assistance under chapter 256 or family general assistance 
 47.4   under chapter 256D as of June 30, 1997, to TANF as follows: 
 47.5      (a) Recipients who are complying with a plan developed as 
 47.6   part of project STRIDE or as part of a demonstration or pilot 
 47.7   project under chapter 256 shall be required to continue the 
 47.8   plan, provided that the activities under the plan qualify as 
 47.9   work activities under section 256J.02, subdivision 28.  If the 
 47.10  existing plan does not comply with the requirements, the plan 
 47.11  must be revised. 
 47.12     (b) Recipients who are exempt from complying with the 
 47.13  requirements of project STRIDE or a demonstration or pilot 
 47.14  project under chapter 256 continue to be exempt if they qualify 
 47.15  for an exception or a good cause exemption under section 
 47.16  256J.06, subdivision 2 or 3. 
 47.17     (c) Recipients not described in paragraph (a) or (b) shall 
 47.18  be given notice that they are expected to engage in independent 
 47.19  self-sufficiency activities for six months, and at the end of 
 47.20  the six-month period they are required to develop and comply 
 47.21  with a family support agreement.  The county agency has the 
 47.22  option, within the limit of available appropriations, to assign 
 47.23  recipients described in this paragraph to the TANF-jobs first 
 47.24  component for six months. 
 47.25     Sec. 27.  [SEVERABILITY.] 
 47.26     If any provision of section 256J.08 is found to be 
 47.27  unconstitutional or void by a court of competent jurisdiction, 
 47.28  all remaining provisions of the law shall remain valid and shall 
 47.29  be given full effect. 
 47.30     Sec. 28.  [APPROPRIATION.] 
 47.31     Subdivision 1.  [TANF CHILD CARE.] $....... is added to the 
 47.32  base level appropriation in fiscal year 1998 and an additional 
 47.33  $....... is added to the base level appropriation in fiscal year 
 47.34  1999 and is appropriated from the general fund to the 
 47.35  commissioner of children, families, and learning to provide 
 47.36  child care subsidies to recipients of TANF.  In order to be 
 48.1   eligible for a subsidy from this appropriation, the recipient 
 48.2   must be engaged in a work activity as defined in section 
 48.3   256J.02, subdivision 28. 
 48.4      Subd. 2.  [DIVERSIONARY ASSISTANCE.] $....... in fiscal 
 48.5   year 1998 and $....... in fiscal year 1999 is appropriated from 
 48.6   the general fund to the commissioner of human services for the 
 48.7   diversionary assistance program in section 256J.25. 
 48.8      Sec. 29.  [REPEALER.] 
 48.9      Minnesota Statutes 1996, sections 256.031; 256.032; 
 48.10  256.033; 256.034; 256.035; 256.036; 256.0361; 256.047; 256.0475; 
 48.11  256.048; 256.049; 256.73, subdivisions 1, 1a, 1b, and 5a; 
 48.12  256.7351; 256.7352; 256.7353; 256.7354; 256.7355; 256.7356; 
 48.13  256.7357; 256.7358; 256.7359; 256.736; 256.7381; 256.7382; 
 48.14  256.7383; 256.7384; 256.7385; 256.7386; 256.7387; 256.7388; 
 48.15  256D.05, subdivision 8; and 256D.055, are repealed. 
 48.16                             ARTICLE 2
 48.17                            FOOD STAMPS
 48.18     Section 1.  [256D.0501] [ELIGIBILITY FOR FOOD STAMPS.] 
 48.19     Subdivision 1.  [THREE-MONTH TIME LIMIT ON FOOD STAMP 
 48.20  BENEFITS.] Each nonexempt, able-bodied adult is entitled to 
 48.21  three months, consecutive or nonconsecutive, of food stamp 
 48.22  benefits in any 36-month period. 
 48.23     Subd. 2.  [EXCEPTIONS TO THREE-MONTH TIME LIMIT.] A 
 48.24  recipient is exempt from the three-month time limit if the 
 48.25  recipient is: 
 48.26     (1) under age 18, or age 50 or older; 
 48.27     (2) responsible for the care of a dependent child under age 
 48.28  18 in the household; 
 48.29     (3) a pregnant woman, if it is medically verified that the 
 48.30  child is expected to be born within the next six months; 
 48.31     (4) receiving TANF or family general assistance benefits; 
 48.32  or 
 48.33     (5) exempt from work registration according to section 
 48.34  256D.051, subdivision 3a, paragraph (c). 
 48.35     Subd. 3.  [EXTENDING ELIGIBILITY BY EARNING ADDITIONAL 
 48.36  MONTH OF BENEFITS BY WORKING.] A recipient subject to the 
 49.1   three-month time limit may earn an additional month of food 
 49.2   stamp benefits if the recipient works or participates in one or 
 49.3   more work program activity for at least 20 hours per week, 
 49.4   averaged monthly.  Each month that the recipient works or 
 49.5   participates at this level, the recipient is eligible for 
 49.6   another month of food stamp benefits.  Work program activities 
 49.7   include: 
 49.8      (1) working in paid employment; 
 49.9      (2) participating in services under the Job Training 
 49.10  Partnership Act; 
 49.11     (3) participating in services under the Trade Adjustment 
 49.12  Assistance Act; 
 49.13     (4) participating in Food Stamp Employment and Training, 
 49.14  except job search and job search training; and 
 49.15     (5) participating in work experience. 
 49.16     Subd. 4.  [REESTABLISHING ELIGIBILITY AFTER BENEFITS HAVE 
 49.17  TERMINATED DUE TO THREE-MONTH TIME LIMIT.] If the recipient lost 
 49.18  eligibility due to the three-month time limit, the individual 
 49.19  may earn an additional month of food stamp benefits by 
 49.20  participating in work program activities for 80 hours, which 
 49.21  must be done within a calendar month, and must be completed 
 49.22  before food stamp eligibility is reinstated.  Once reinstated, 
 49.23  benefits will be issued back to the beginning of the month or 
 49.24  the date of application, whichever is later. 
 49.25     Subd. 5.  [CITIZENSHIP REQUIREMENTS.] Eligibility for food 
 49.26  stamps is limited to: 
 49.27     (1) a citizen of the United States; 
 49.28     (2) a legal noncitizen who is lawfully admitted to the 
 49.29  United States for permanent residence under the Immigration and 
 49.30  Nationality Act and has worked 40 qualifying quarters, as 
 49.31  defined under title II of the Social Security Act, provided that 
 49.32  the person did not receive any federal means-tested public 
 49.33  benefit, as that term is defined in Public Law Number 104-193, 
 49.34  section 403, during a qualifying quarter that begins on or after 
 49.35  January 1, 1997; 
 49.36     (3) a person who is lawfully residing in the state and is: 
 50.1      (i) a veteran, as defined in United States Code, title 38, 
 50.2   section 101, with a discharge characterized as an honorable 
 50.3   discharge and not on account of alienage; 
 50.4      (ii) on active duty, other than active duty for training, 
 50.5   in the armed forces of the United States; 
 50.6      (iii) the spouse or unmarried dependent child of a person 
 50.7   described in item (i) or (ii); and 
 50.8      (4) the following: 
 50.9      (i) a person who is admitted to the United States as a 
 50.10  refugee under section 207 of the Immigration and Nationality Act 
 50.11  for a period of five years from the date of admission; 
 50.12     (ii) a person who is granted asylum for a period of five 
 50.13  years from the date of the grant; and 
 50.14     (iii) a person whose deportation is withheld for a period 
 50.15  of five years after the date of withholding. 
 50.16     For purposes of this subdivision, a "legal noncitizen" is: 
 50.17     (1) an alien who is lawfully admitted for permanent 
 50.18  residence under the Immigration and Nationality Act; 
 50.19     (2) an alien who is granted asylum under section 208 of the 
 50.20  Immigration and Nationality Act; 
 50.21     (3) a refugee who is admitted to the United States under 
 50.22  section 207 of the Immigration and Nationality Act; 
 50.23     (4) an alien who is paroled into the United States under 
 50.24  section 212(d)(5) of the Immigration and Nationality Act for a 
 50.25  period of at least one year; 
 50.26     (5) an alien whose deportation is being withheld under 
 50.27  section 243(h) of the Immigration and Nationality Act; or 
 50.28     (6) an alien who is granted conditional entry under section 
 50.29  203(a)(7) of the Immigration and Nationality Act as in effect 
 50.30  prior to April 1, 1980. 
 50.31     Subd. 6.  [PROGRAM DISQUALIFICATION.] An individual is 
 50.32  ineligible for food stamp benefits if the individual: 
 50.33     (1) is convicted of buying or selling food stamps of $500 
 50.34  or more; 
 50.35     (2) is convicted of a felony that has an element of 
 50.36  possession, use, or distribution of a controlled substance; 
 51.1      (3) is a fleeing felon or has violated probation or parole; 
 51.2      (4) has misrepresented residency in order to receive food 
 51.3   stamp benefits in more than one location; under this clause, the 
 51.4   individual is ineligible for ten years; 
 51.5      (5) has committed an intentional program violation; under 
 51.6   this clause, for the first violation, the individual is 
 51.7   ineligible for one year, and for the second violation, the 
 51.8   individual is ineligible for two years; or 
 51.9      (6) has committed an intentional program violation that 
 51.10  involves a controlled substance; under this clause, the 
 51.11  individual is ineligible for two years. 
 51.12     Subd. 7.  [APPEAL PROCESS.] A recipient may appeal the 
 51.13  termination of food stamp benefits under section 256.045. 
 51.14     Sec. 2.  [256D.0505] [WAIVER OF WORK REQUIREMENT.] 
 51.15     The commissioner shall request a waiver of the work 
 51.16  requirement in section 256D.0501 from the Secretary of Health 
 51.17  and Human Services if the county in which the recipients reside 
 51.18  has an unemployment rate of over ten percent or does not have a 
 51.19  sufficient number of jobs to provide employment for the 
 51.20  recipients. 
 51.21     Sec. 3.  [256D.0507] [FAILURE TO COMPLY WITH OTHER 
 51.22  ASSISTANCE PROGRAM REQUIREMENTS AND COURT ORDERS FOR SUPPORT.] 
 51.23     Subdivision 1.  [FAILURE TO COMPLY WITH OTHER MEANS-TESTED 
 51.24  PROGRAM REQUIREMENTS.] If the means-tested public assistance or 
 51.25  benefits of a household are reduced for failure of a member of 
 51.26  the household to perform an action required under the law or in 
 51.27  accordance with the program, for the duration of the reduction 
 51.28  the household may not receive an increased allotment of food 
 51.29  stamp benefits as a result of a decrease in the income of the 
 51.30  household if the decrease in income is the result of the 
 51.31  reduction in benefits. 
 51.32     Subd. 2.  [FAILURE TO COMPLY WITH CHILD SUPPORT ORDER.] A 
 51.33  recipient who is delinquent in any payment due under a court 
 51.34  order for child support is subject to the sanctions in section 
 51.35  256D.051, subdivision 1a, paragraph (b). 
 51.36     Sec. 4.  Minnesota Statutes 1996, section 256D.051, 
 52.1   subdivision 1a, is amended to read: 
 52.2      Subd. 1a.  [NOTICES; CONCILIATION CONFERENCE; SANCTIONS.] 
 52.3   (a) At the time the county agency notifies the household that it 
 52.4   is eligible for food stamps, the county agency must inform all 
 52.5   mandatory employment and training services participants as 
 52.6   identified in subdivision 1 in the household that they must 
 52.7   comply with all food stamp employment and training program 
 52.8   requirements each month, including the requirement to attend an 
 52.9   initial orientation to the food stamp employment and training 
 52.10  program and that food stamp eligibility will end unless the 
 52.11  participants comply with the requirements specified in the 
 52.12  notice.  
 52.13     (b) A participant who fails without good cause to comply 
 52.14  with food stamp employment and training program requirements of 
 52.15  this section, including attendance at orientation, will lose 
 52.16  food stamp eligibility for two months as follows: 
 52.17     (1) for the first occurrence, loss of food stamp benefits 
 52.18  for one month or until the county agency determines that the 
 52.19  participant has complied with the program requirements, 
 52.20  whichever is shorter. longer; 
 52.21     (2) for the second occurrence, loss of food stamp benefits 
 52.22  for three months or until the participant complies, whichever is 
 52.23  longer; and 
 52.24     (3) for the third and subsequent occurrence, loss of food 
 52.25  stamp benefits for six months or until the participant complies, 
 52.26  whichever is longer.  
 52.27     If the participant is not the head of household, the person 
 52.28  shall be considered an ineligible household member for food 
 52.29  stamp purposes.  If the participant is the head of household, 
 52.30  the entire household is ineligible for food stamps as provided 
 52.31  in Code of Federal Regulations, title 7, section 273.7(g).  
 52.32  "Good cause" means circumstances beyond the control of the 
 52.33  participant, such as illness or injury, illness or injury of 
 52.34  another household member requiring the participant's presence, a 
 52.35  household emergency, or the inability to obtain child care for 
 52.36  children between the ages of six and 12 or to obtain 
 53.1   transportation needed in order for the participant to meet the 
 53.2   food stamp employment and training program participation 
 53.3   requirements. 
 53.4      (c) The county agency shall mail or hand deliver a notice 
 53.5   to the participant not later than five days after determining 
 53.6   that the participant has failed without good cause to comply 
 53.7   with food stamp employment and training program requirements 
 53.8   which specifies the requirements that were not complied with, 
 53.9   the factual basis for the determination of noncompliance, the 
 53.10  right to reinstate eligibility upon a showing of good cause or 
 53.11  the failure to meet the requirements, must ask the reason for 
 53.12  the noncompliance, and must identify the participant's appeal 
 53.13  rights.  The notice must request that the participant inform the 
 53.14  county agency if the participant believes that good cause 
 53.15  existed for the failure to comply, must offer the participant a 
 53.16  conciliation conference as provided in paragraph (d), and must 
 53.17  state that the county agency intends to terminate eligibility 
 53.18  for food stamp benefits due to failure to comply with food stamp 
 53.19  employment and training program requirements. 
 53.20     (d) The county agency must offer a conciliation conference 
 53.21  to participants who have failed to comply with food stamp 
 53.22  employment and training program requirements.  The purpose of 
 53.23  the conference is to determine the cause for noncompliance, to 
 53.24  attempt to resolve the problem causing the noncompliance so that 
 53.25  all requirements are complied with, and to determine if good 
 53.26  cause for noncompliance was present.  The conciliation period 
 53.27  shall run for ten working days from the date of the notice 
 53.28  required in paragraph (c).  Information about how to request a 
 53.29  conciliation conference must be specified in the notice required 
 53.30  in paragraph (c).  If the county agency determines that the 
 53.31  participant, during the conciliation period, complied with all 
 53.32  food stamp employment and training program requirements that the 
 53.33  recipient was required to comply with prior to and during the 
 53.34  conciliation period, or if the county agency determines that 
 53.35  good cause for failing to comply with the requirements was 
 53.36  present, a sanction on the participant's or household's food 
 54.1   stamp eligibility shall not be imposed. 
 54.2      (e) If the county agency determines that the participant 
 54.3   did not comply during the conciliation period with all food 
 54.4   stamp employment and training program requirements that were in 
 54.5   effect prior to and during the conciliation period, and if the 
 54.6   county agency determines that good cause was not present, the 
 54.7   county must provide a ten-day notice of termination of food 
 54.8   stamp benefits.  The termination notice must be issued following 
 54.9   the last day of the conciliation period.  The amount of food 
 54.10  stamps that are withheld from the household and determination of 
 54.11  the impact of the sanction on other household members is 
 54.12  governed by Code of Federal Regulations, title 7, section 273.7. 
 54.13     (f) The participant may appeal the termination of food 
 54.14  stamp benefits under the provisions of section 256.045. 
 54.15                             ARTICLE 3
 54.16                           CHILD SUPPORT
 54.17     Section 1.  Minnesota Statutes 1996, section 256.74, 
 54.18  subdivision 1, is amended to read: 
 54.19     Subdivision 1.  [AMOUNT.] The amount of assistance which 
 54.20  shall be granted to or on behalf of any dependent child and 
 54.21  parent or other needy eligible relative caring for the dependent 
 54.22  child shall be determined by the county agency in accordance 
 54.23  with rules promulgated by the commissioner and shall be 
 54.24  sufficient, when added to all other income and support available 
 54.25  to the child, to provide the child with a reasonable subsistence 
 54.26  compatible with decency and health.  To the extent permissible 
 54.27  under federal law, an eligible relative caretaker or parent 
 54.28  shall have the option to include in the assistance unit the 
 54.29  needs, income, and resources of the following essential persons 
 54.30  who are not otherwise eligible for AFDC because they do not 
 54.31  qualify as a caretaker or as a dependent child: 
 54.32     (1) a parent or relative caretaker's spouse and 
 54.33  stepchildren; or 
 54.34     (2) blood or legally adopted relatives who are under the 
 54.35  age of 18 or under the age of 19 years who are regularly 
 54.36  attending as a full-time student, and are expected to complete 
 55.1   before or during the month of their 19th birthday, a high school 
 55.2   or secondary level course of vocational or technical training 
 55.3   designed to prepare students for gainful employment.  The amount 
 55.4   shall be based on the method of budgeting required in Public Law 
 55.5   Number 97-35, section 2315, United States Code, title 42, 
 55.6   section 602, as amended and federal regulations at Code of 
 55.7   Federal Regulations, title 45, section 233.  Nonrecurring lump 
 55.8   sum income received by an AFDC family must be budgeted in the 
 55.9   normal retrospective cycle.  When the family's income, after 
 55.10  application of the applicable disregards, exceeds the need 
 55.11  standard for the family because of receipt of earned or unearned 
 55.12  lump sum income, the family will be ineligible for the full 
 55.13  number of months derived by dividing the sum of the lump sum 
 55.14  income and other income by the monthly need standard for a 
 55.15  family of that size.  Any income remaining from this calculation 
 55.16  is income in the first month following the period of 
 55.17  ineligibility.  The first month of ineligibility is the payment 
 55.18  month that corresponds with the budget month in which the lump 
 55.19  sum income was received.  For purposes of applying the lump sum 
 55.20  provision, family includes those persons defined in the Code of 
 55.21  Federal Regulations, title 45, section 233.20(a)(3)(ii)(F).  A 
 55.22  period of ineligibility must be shortened when the standard of 
 55.23  need increases and the amount the family would have received 
 55.24  also changes, an amount is documented as stolen, an amount is 
 55.25  unavailable because a member of the family left the household 
 55.26  with that amount and has not returned, an amount is paid by the 
 55.27  family during the period of ineligibility to cover a cost that 
 55.28  would otherwise qualify for emergency assistance, or the family 
 55.29  incurs and pays for medical expenses which would have been 
 55.30  covered by medical assistance if eligibility existed.  In making 
 55.31  its determination the county agency shall disregard the 
 55.32  following from family income:  
 55.33     (1) all the earned income of each dependent child applying 
 55.34  for AFDC if the child is a full-time student and all of the 
 55.35  earned income of each dependent child receiving AFDC who is a 
 55.36  full-time student or is a part-time student who is not a 
 56.1   full-time employee.  A student is one who is attending a school, 
 56.2   college, or university, or a course of vocational or technical 
 56.3   training designed to fit students for gainful employment and 
 56.4   includes a participant in the Job Corps program under the Job 
 56.5   Training Partnership Act (JTPA).  The county agency shall also 
 56.6   disregard all income of each dependent child applying for or 
 56.7   receiving AFDC when the income is derived from a program carried 
 56.8   out under JTPA, except that disregard of earned income may not 
 56.9   exceed six months per calendar year; 
 56.10     (2) all educational assistance, except the county agency 
 56.11  shall count graduate student teaching assistantships, 
 56.12  fellowships, and other similar paid work as earned income and, 
 56.13  after allowing deductions for any unmet and necessary 
 56.14  educational expenses, shall count scholarships or grants awarded 
 56.15  to graduate students that do not require teaching or research as 
 56.16  unearned income; 
 56.17     (3) the first $90 of each individual's earned income.  For 
 56.18  self-employed persons, the expenses directly related to 
 56.19  producing goods and services and without which the goods and 
 56.20  services could not be produced shall be disregarded pursuant to 
 56.21  rules promulgated by the commissioner; 
 56.22     (4) thirty dollars plus one-third of each individual's 
 56.23  earned income for individuals found otherwise eligible to 
 56.24  receive aid or who have received aid in one of the four months 
 56.25  before the month of application.  With respect to any month, the 
 56.26  county welfare agency shall not disregard under this clause any 
 56.27  earned income of any person who has:  (a) reduced earned income 
 56.28  without good cause within 30 days preceding any month in which 
 56.29  an assistance payment is made; (b) refused without good cause to 
 56.30  accept an offer of suitable employment; (c) left employment or 
 56.31  reduced earnings without good cause and applied for assistance 
 56.32  so as to be able later to return to employment with the 
 56.33  advantage of the income disregard; or (d) failed without good 
 56.34  cause to make a timely report of earned income in accordance 
 56.35  with rules promulgated by the commissioner of human services.  
 56.36  Persons who are already employed and who apply for assistance 
 57.1   shall have their needs computed with full account taken of their 
 57.2   earned and other income.  If earned and other income of the 
 57.3   family is less than need, as determined on the basis of public 
 57.4   assistance standards, the county agency shall determine the 
 57.5   amount of the grant by applying the disregard of income 
 57.6   provisions.  The county agency shall not disregard earned income 
 57.7   for persons in a family if the total monthly earned and other 
 57.8   income exceeds their needs, unless for any one of the four 
 57.9   preceding months their needs were met in whole or in part by a 
 57.10  grant payment.  The disregard of $30 and one-third of earned 
 57.11  income in this clause shall be applied to the individual's 
 57.12  income for a period not to exceed four consecutive months.  Any 
 57.13  month in which the individual loses this disregard because of 
 57.14  the provisions of subclauses (a) to (d) shall be considered as 
 57.15  one of the four months.  An additional $30 work incentive must 
 57.16  be available for an eight-month period beginning in the month 
 57.17  following the last month of the combined $30 and one-third work 
 57.18  incentive.  This period must be in effect whether or not the 
 57.19  person has earned income or is eligible for AFDC.  To again 
 57.20  qualify for the earned income disregards under this clause, the 
 57.21  individual must not be a recipient of aid for a period of 12 
 57.22  consecutive months.  When an assistance unit becomes ineligible 
 57.23  for aid due to the fact that these disregards are no longer 
 57.24  applied to income, the assistance unit shall be eligible for 
 57.25  medical assistance benefits for a 12-month period beginning with 
 57.26  the first month of AFDC ineligibility; 
 57.27     (5) an amount equal to the actual expenditures for the care 
 57.28  of each dependent child or incapacitated individual living in 
 57.29  the same home and receiving aid, not to exceed:  (a) $175 for 
 57.30  each individual age two and older, and $200 for each individual 
 57.31  under the age of two.  The dependent care disregard must be 
 57.32  applied after all other disregards under this subdivision have 
 57.33  been applied; 
 57.34     (6) the first $50 per assistance unit of the monthly 
 57.35  support obligation collected by the support and recovery (IV-D) 
 57.36  unit.  The first $50 of periodic support payments collected by 
 58.1   the public authority responsible for child support enforcement 
 58.2   from a person with a legal obligation to pay support for a 
 58.3   member of the assistance unit must be paid to the assistance 
 58.4   unit within 15 days after the end of the month in which the 
 58.5   collection of the periodic support payments occurred and must be 
 58.6   disregarded when determining the amount of assistance.  A review 
 58.7   of a payment decision under this clause must be requested within 
 58.8   30 days after receiving the notice of collection of assigned 
 58.9   support or within 90 days after receiving the notice if good 
 58.10  cause can be shown for not making the request within the 30-day 
 58.11  limit; 
 58.12     (7) that portion of an insurance settlement earmarked and 
 58.13  used to pay medical expenses, funeral and burial costs, or to 
 58.14  repair or replace insured property; and 
 58.15     (8) (7) all earned income tax credit payments received by 
 58.16  the family as a refund of federal income taxes or made as 
 58.17  advance payments by an employer.  
 58.18     All payments made pursuant to a court order for the support 
 58.19  of children not living in the assistance unit's household shall 
 58.20  be disregarded from the income of the person with the legal 
 58.21  obligation to pay support, provided that, if there has been a 
 58.22  change in the financial circumstances of the person with the 
 58.23  legal obligation to pay support since the support order was 
 58.24  entered, the person with the legal obligation to pay support has 
 58.25  petitioned for a modification of the support order. 
 58.26                             ARTICLE 4
 58.27                         MEDICAL ASSISTANCE
 58.28     Section 1.  Minnesota Statutes 1996, section 256B.055, 
 58.29  subdivision 3, is amended to read: 
 58.30     Subd. 3.  [AFDC FAMILIES.] Medical assistance may be paid 
 58.31  for a person who is eligible for or receiving, or who would be 
 58.32  eligible for, meets the income and resource standards and other 
 58.33  eligibility requirements, except for excess income or assets, 
 58.34  public assistance under the aid to families with dependent 
 58.35  children program section 256.73 using the income and resource 
 58.36  methodologies effective as of July 16, 1996.  
 59.1      Sec. 2.  Minnesota Statutes 1996, section 256B.06, 
 59.2   subdivision 4, is amended to read: 
 59.3      Subd. 4.  [CITIZENSHIP REQUIREMENTS.] (a) Eligibility for 
 59.4   medical assistance is limited to: 
 59.5      (1) citizens of the United States and aliens lawfully 
 59.6   admitted for permanent residence or otherwise permanently 
 59.7   residing in the United States under the color of law.  Aliens 
 59.8   who are seeking legalization under the Immigration Reform and 
 59.9   Control Act of 1986, Public Law Number 99-603, who are under age 
 59.10  18, over age 65, blind, disabled, or Cuban or Haitian, and who 
 59.11  meet the eligibility requirements of medical assistance under 
 59.12  subdivision 1 and sections 256B.055 to 256B.062 are eligible to 
 59.13  receive medical assistance.  Pregnant women who are aliens 
 59.14  seeking legalization under the Immigration Reform and Control 
 59.15  Act of 1986, Public Law Number 99-603, and who meet the 
 59.16  eligibility requirements of medical assistance under subdivision 
 59.17  1 are eligible for payment of care and services through the 
 59.18  period of pregnancy and six weeks postpartum.; 
 59.19     (2) legal noncitizens admitted to the United States prior 
 59.20  to August 22, 1996; 
 59.21     (3) legal noncitizens admitted to the United States on or 
 59.22  after August 22, 1996, who: 
 59.23     (i) were admitted to the United States as refugees under 
 59.24  section 207 of the Immigration and Nationality Act; 
 59.25     (ii) were granted asylum under section 208 of the 
 59.26  Immigration and Nationality Act; 
 59.27     (iii) were withheld from deportation under section 243(h) 
 59.28  of the Immigration and Nationality Act; 
 59.29     (iv) are veterans, as defined in United States Code, title 
 59.30  38, section 101, with a discharge characterized as an honorable 
 59.31  discharge and not on account of alienage; 
 59.32     (v) are on active duty, other than active duty for 
 59.33  training, in the armed forces of the United States; 
 59.34     (iv) are the spouse or unmarried dependent child of a 
 59.35  person described in item (iv) or (v); or 
 59.36     (vii) are eligible for medical assistance under refugee and 
 60.1   entrant assistance activities, authorized by title IV of the 
 60.2   Immigration and Nationality Act and section 501 of the Refugee 
 60.3   Education Assistance Act of 1980, for Cuban and Haitian entrants 
 60.4   as defined in section 501(e)(2) of the Refugee Education 
 60.5   Assistance Act of 1980; and 
 60.6      (4) legal noncitizens admitted to the United States after 
 60.7   August 22, 1996, and not described in clause (3), if: 
 60.8      (i) they have resided in the United States for five years; 
 60.9   and 
 60.10     (ii) they have a sponsor who has executed an agreement of 
 60.11  support that satisfies the requirements of section 213A of title 
 60.12  II of the Immigration and Nationality Act. 
 60.13     (b) For the purposes of this subdivision, a "legal 
 60.14  noncitizen" is: 
 60.15     (1) an alien who is lawfully admitted for permanent 
 60.16  residence under the Immigration and Nationality Act; 
 60.17     (2) an alien who is granted asylum under section 208 of the 
 60.18  Immigration and Nationality Act; 
 60.19     (3) a refugee who is admitted to the United States under 
 60.20  section 207 of the Immigration and Nationality Act; 
 60.21     (4) an alien who is paroled into the United States under 
 60.22  section 212(d)(5) of the Immigration and Nationality Act for a 
 60.23  period of at least one year; 
 60.24     (5) an alien whose deportation is being withheld under 
 60.25  section 243(h) of the Immigration and Nationality Act; or 
 60.26     (6) an alien who is granted conditional entry under section 
 60.27  203(a)(7) of the Immigration and Nationality Act as in effect 
 60.28  prior to April 1, 1980. 
 60.29     (c) Payment shall also be made for care and services that 
 60.30  are furnished to an alien, regardless of immigration status, who 
 60.31  otherwise meets the eligibility requirements of this section if 
 60.32  such care and services are necessary for the treatment of an 
 60.33  emergency medical condition, except for organ transplants and 
 60.34  related care and services.  For purposes of this subdivision, 
 60.35  the term "emergency medical condition" means a medical 
 60.36  condition, including labor and delivery, that manifests itself 
 61.1   by acute symptoms of sufficient severity, including severe pain, 
 61.2   that if not immediately treated could cause a person physical or 
 61.3   mental disability, continuation of severe pain, or death. 
 61.4   reasonably be expected to: 
 61.5      (1) place the patient's health in serious jeopardy; 
 61.6      (2) seriously impair bodily functions; or 
 61.7      (3) result in serious dysfunction of any bodily organ or 
 61.8   part. 
 61.9                              ARTICLE 5
 61.10                         GENERAL ASSISTANCE
 61.11     Section 1.  [256D.024] [PERSONS PROHIBITED FROM RECEIVING 
 61.12  GENERAL ASSISTANCE, GENERAL ASSISTANCE MEDICAL CARE, MINNESOTA 
 61.13  SUPPLEMENTAL AID.] 
 61.14     Subdivision 1.  [DENIAL OF ASSISTANCE FOR TEN YEARS TO A 
 61.15  PERSON FOUND TO HAVE FRAUDULENTLY MISREPRESENTED RESIDENCY.] The 
 61.16  commissioner shall not provide assistance to an individual 
 61.17  during the ten-year period that begins on the date the 
 61.18  individual is convicted in federal or state court of having made 
 61.19  a fraudulent statement or representation with respect to the 
 61.20  place of residence of the individual in order to receive 
 61.21  assistance simultaneously from two or more states. 
 61.22     Subd. 2.  [DENIAL OF ASSISTANCE FOR FUGITIVE FELONS AND 
 61.23  PROBATION AND PAROLE VIOLATORS.] The commissioner shall not 
 61.24  provide assistance to any individual who is: 
 61.25     (1) fleeing to avoid prosecution, or custody or confinement 
 61.26  after conviction, under the laws of the place from which the 
 61.27  individual flees, for a crime, or an attempt to commit a crime, 
 61.28  which is a felony under the laws of the state from which the 
 61.29  recipient flees; or 
 61.30     (2) violating a condition of probation or parole. 
 61.31     Subd. 3.  [DENIAL OF ASSISTANCE FOR DRUG RELATED 
 61.32  CONVICTIONS.] An individual convicted of any federal or state 
 61.33  offense that is classified as a felony and has an element of 
 61.34  possession, use, or distribution of a controlled substance is 
 61.35  not eligible for TANF. 
 61.36     Sec. 2.  Minnesota Statutes 1996, section 256D.05, 
 62.1   subdivision 1, is amended to read: 
 62.2      Subdivision 1.  [ELIGIBILITY.] (a) Each person or family 
 62.3   whose income and resources are less than the standard of 
 62.4   assistance established by the commissioner and who is a resident 
 62.5   of the state shall be eligible for and entitled to general 
 62.6   assistance if the person or family is: 
 62.7      (1) a person who is suffering from a professionally 
 62.8   certified permanent or temporary illness, injury, or incapacity 
 62.9   which is expected to continue for more than 30 days and which 
 62.10  prevents the person from obtaining or retaining employment; 
 62.11     (2) a person whose presence in the home on a substantially 
 62.12  continuous basis is required because of the professionally 
 62.13  certified illness, injury, incapacity, or the age of another 
 62.14  member of the household; 
 62.15     (3) a person who has been placed in, and is residing in, a 
 62.16  licensed or certified facility for purposes of physical or 
 62.17  mental health or rehabilitation, or in an approved chemical 
 62.18  dependency domiciliary facility, if the placement is based on 
 62.19  illness or incapacity and is pursuant to a plan developed or 
 62.20  approved by the county agency through its director or designated 
 62.21  representative; 
 62.22     (4) a person who resides in a shelter facility described in 
 62.23  subdivision 3; 
 62.24     (5) a person not described in clause (1) or (3) who is 
 62.25  diagnosed by a licensed physician, psychological practitioner, 
 62.26  or other qualified professional, as mentally retarded or 
 62.27  mentally ill, and that condition prevents the person from 
 62.28  obtaining or retaining employment; 
 62.29     (6) a person who has an application pending for, or is 
 62.30  appealing termination of benefits from, the social security 
 62.31  disability program or the program of supplemental security 
 62.32  income for the aged, blind, and disabled, provided the person 
 62.33  has a professionally certified permanent or temporary illness, 
 62.34  injury, or incapacity which is expected to continue for more 
 62.35  than 30 days and which prevents the person from obtaining or 
 62.36  retaining employment; 
 63.1      (7) a person who is unable to obtain or retain employment 
 63.2   because advanced age significantly affects the person's ability 
 63.3   to seek or engage in substantial work; 
 63.4      (8) a person who has been assessed by a vocational 
 63.5   specialist and, in consultation with the county agency, has been 
 63.6   determined to be unemployable for purposes of this item, a 
 63.7   person is considered employable if there exist positions of 
 63.8   employment in the local labor market, regardless of the current 
 63.9   availability of openings for those positions, that the person is 
 63.10  capable of performing.  The person's eligibility under this 
 63.11  category must be reassessed at least annually.  The county 
 63.12  agency must provide notice to the person not later than 30 days 
 63.13  before annual eligibility under this item ends, informing the 
 63.14  person of the date annual eligibility will end and the need for 
 63.15  vocational assessment if the person wishes to continue 
 63.16  eligibility under this clause.  For purposes of establishing 
 63.17  eligibility under this clause, it is the applicant's or 
 63.18  recipient's duty to obtain any needed vocational assessment; 
 63.19     (9) a person who is determined by the county agency, in 
 63.20  accordance with permanent rules adopted by the commissioner, to 
 63.21  be learning disabled, provided that if a rehabilitation plan for 
 63.22  the person is developed or approved by the county agency, the 
 63.23  person is following the plan; 
 63.24     (10) a child under the age of 18 who is not living with a 
 63.25  parent, stepparent, or legal custodian, but only if:  the child 
 63.26  is legally emancipated or living with an adult with the consent 
 63.27  of an agency acting as a legal custodian; the child is at least 
 63.28  16 years of age and the general assistance grant is approved by 
 63.29  the director of the county agency or a designated representative 
 63.30  as a component of a social services case plan for the child; or 
 63.31  the child is living with an adult with the consent of the 
 63.32  child's legal custodian and the county agency.  For purposes of 
 63.33  this clause, "legally emancipated" means a person under the age 
 63.34  of 18 years who:  (i) has been married; (ii) is on active duty 
 63.35  in the uniformed services of the United States; (iii) has been 
 63.36  emancipated by a court of competent jurisdiction; or (iv) is 
 64.1   otherwise considered emancipated under Minnesota law, and for 
 64.2   whom county social services has not determined that a social 
 64.3   services case plan is necessary, for reasons other than that the 
 64.4   child has failed or refuses to cooperate with the county agency 
 64.5   in developing the plan; 
 64.6      (11) a woman in the last trimester of pregnancy who does 
 64.7   not qualify for aid to families with dependent children.  A 
 64.8   woman who is in the last trimester of pregnancy who is currently 
 64.9   receiving aid to families with dependent children may be granted 
 64.10  emergency general assistance to meet emergency needs; 
 64.11     (12) a person who is eligible for displaced homemaker 
 64.12  services, programs, or assistance under section 268.96, but only 
 64.13  if that person is enrolled as a full-time student; 
 64.14     (13) a person who lives more than two hours round-trip 
 64.15  traveling time from any potential suitable employment; 
 64.16     (14) a person who is involved with protective or 
 64.17  court-ordered services that prevent the applicant or recipient 
 64.18  from working at least four hours per day; 
 64.19     (15)(i) a family as defined in section 256D.02, subdivision 
 64.20  5, which is ineligible for the aid to families with dependent 
 64.21  children program. 
 64.22     (ii) unless exempt under section 256D.051, subdivision 3a, 
 64.23  each adult in the unit must participate in and cooperate with 
 64.24  the food stamp employment and training program under section 
 64.25  256D.051 each month that the unit receives general assistance 
 64.26  benefits.  The recipient's participation must begin no later 
 64.27  than the first day of the first full month following the 
 64.28  determination of eligibility for general assistance benefits.  
 64.29  To the extent of available resources, and with the county 
 64.30  agency's consent, the recipient may voluntarily continue to 
 64.31  participate in food stamp employment and training services for 
 64.32  up to three additional consecutive months immediately following 
 64.33  termination of general assistance benefits in order to complete 
 64.34  the provisions of the recipient's employability development 
 64.35  plan.  If an adult member fails without good cause to 
 64.36  participate in or cooperate with the food stamp employment and 
 65.1   training program, the county agency shall concurrently terminate 
 65.2   that person's eligibility for general assistance and food stamps 
 65.3   for two months or until compliance is achieved, whichever is 
 65.4   shorter, using the notice, good cause, conciliation and 
 65.5   termination procedures specified in section 256D.051; or 
 65.6      (16) a person over age 18 whose primary language is not 
 65.7   English and who is attending high school at least half time.; 
 65.8      (17) a person under the age of 18 who suffers from 
 65.9   maladaptive behavior in the personal and behavior function area, 
 65.10  which for purposes of this section, is defined in the Code of 
 65.11  Federal Regulations and has the meaning given to these terms as 
 65.12  of August 21, 1996; or 
 65.13     (18) a person whose alcohol and drug addiction is a 
 65.14  material factor that contributes to the person's disability. 
 65.15     (b) Persons or families who are not state residents but who 
 65.16  are otherwise eligible for general assistance may receive 
 65.17  emergency general assistance to meet emergency needs. 
 65.18     (c) As a condition of eligibility under paragraph (a), 
 65.19  clauses (1), (3), (5), (8), and (9), the recipient must complete 
 65.20  an interim assistance agreement and must apply for other 
 65.21  maintenance benefits as specified in section 256D.06, 
 65.22  subdivision 5, and must comply with efforts to determine the 
 65.23  recipient's eligibility for those other maintenance benefits.  
 65.24     (d) The burden of providing documentation for a county 
 65.25  agency to use to verify eligibility for general assistance or 
 65.26  for exemption from the food stamp employment and training 
 65.27  program is upon the applicant or recipient.  The county agency 
 65.28  shall use documents already in its possession to verify 
 65.29  eligibility, and shall help the applicant or recipient obtain 
 65.30  other existing verification necessary to determine eligibility 
 65.31  which the applicant or recipient does not have and is unable to 
 65.32  obtain. 
 65.33     Sec. 3.  Minnesota Statutes 1996, section 256D.065, is 
 65.34  amended to read: 
 65.35     256D.065 [GENERAL ASSISTANCE PAYMENTS FOR NEW RESIDENTS.] 
 65.36     Notwithstanding any other provisions of sections 256D.01 to 
 66.1   256D.21, otherwise eligible applicants without minor children, 
 66.2   who have been residing in the state less than six 12 months, 
 66.3   shall be granted general assistance payments in an amount that, 
 66.4   when added to the nonexempt income actually available to the 
 66.5   applicant, shall equal 60 percent of the amount that the 
 66.6   applicant would be eligible to receive under section 256D.06, 
 66.7   subdivision 1.  A person may receive benefits in excess of this 
 66.8   amount, is equal to the lesser of the benefits actually received 
 66.9   the applicant would have been entitled to in the last state of 
 66.10  residence or the maximum benefits allowable under section 
 66.11  256D.06, subdivision 1.  To receive the higher benefit amount, 
 66.12  the person must provide verification of the amount of assistance 
 66.13  received in the last state of residence.  Nonexempt income is 
 66.14  the income considered available under Minnesota Rules, parts 
 66.15  9500.1200 to 9500.1270.