as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
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 [AFDC CRITERIA SUPERSEDED.]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 monthsas 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 monthly57.35 support obligation collected by the support and recovery (IV-D)57.36 unit. The first $50 of periodic support payments collected by58.1 the public authority responsible for child support enforcement58.2 from a person with a legal obligation to pay support for a58.3 member of the assistance unit must be paid to the assistance58.4 unit within 15 days after the end of the month in which the58.5 collection of the periodic support payments occurred and must be58.6 disregarded when determining the amount of assistance. A review58.7 of a payment decision under this clause must be requested within58.8 30 days after receiving the notice of collection of assigned58.9 support or within 90 days after receiving the notice if good58.10 cause can be shown for not making the request within the 30-day58.11 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. [ AFDCFAMILIES.] Medical assistance may be paid 58.31 for a person who is eligible for or receiving, or who would be58.32 eligible for,meets the income and resource standards and other 58.33 eligibility requirements, except for excess income or assets, 58.34 public assistanceunder the aid to families with dependent58.35 children programsection 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 lawfully59.6 admitted for permanent residence or otherwise permanently59.7 residing in the United States under the color of law. Aliens59.8 who are seeking legalization under the Immigration Reform and59.9 Control Act of 1986, Public Law Number 99-603, who are under age59.10 18, over age 65, blind, disabled, or Cuban or Haitian, and who59.11 meet the eligibility requirements of medical assistance under59.12 subdivision 1 and sections 256B.055 to 256B.062 are eligible to59.13 receive medical assistance. Pregnant women who are aliens59.14 seeking legalization under the Immigration Reform and Control59.15 Act of 1986, Public Law Number 99-603, and who meet the59.16 eligibility requirements of medical assistance under subdivision59.17 1 are eligible for payment of care and services through the59.18 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 or61.3 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; or65.6 (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 six12 months, 66.3 shall be granted general assistance payments in an amount that ,66.4 when added to the nonexempt income actually available to the66.5 applicant, shall equal 60 percent of the amount that the66.6 applicant would be eligible to receive under section 256D.06,66.7 subdivision 1. A person may receive benefits in excess of this66.8 amount,is equal to the lesser of the benefits actually received66.9 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 assistance66.13 received in the last state of residence. Nonexempt income is66.14 the income considered available under Minnesota Rules, parts66.15 9500.1200 to 9500.1270.