SF 1311

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; modifying provisions for 
  1.3             family and adult self-sufficiency; amending Minnesota 
  1.4             Statutes 2000, sections 256.98, subdivision 8; 
  1.5             256D.425, subdivision 1; 256J.08, subdivision 55a, and 
  1.6             by adding a subdivision; 256J.21, subdivision 2; 
  1.7             256J.24, subdivisions 2 and 9; 256J.32, subdivision 4; 
  1.8             256J.39, subdivision 2; 256J.42, subdivisions 1, 3, 
  1.9             and 4; 256J.45, subdivisions 1 and 2; 256J.46, 
  1.10            subdivision 1; 256J.48, by adding a subdivision; 
  1.11            256J.49, subdivisions 2, 13, and by adding a 
  1.12            subdivision; 256J.50, subdivisions 5, 10, and by 
  1.13            adding a subdivision; 256J.515; 256J.52, subdivisions 
  1.14            2, 3, and 6; 256J.56; 256J.62, subdivisions 2a and 9; 
  1.15            256J.645; and 256K.03, subdivision 5; repealing 
  1.16            Minnesota Statutes 2000, sections 256J.08, subdivision 
  1.17            50a; 256J.12, subdivision 3; 256J.43; and 256J.49, 
  1.18            subdivision 11. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 2000, section 256.98, 
  1.21  subdivision 8, is amended to read: 
  1.22     Subd. 8.  [DISQUALIFICATION FROM PROGRAM.] (a) Any person 
  1.23  found to be guilty of wrongfully obtaining assistance by a 
  1.24  federal or state court or by an administrative hearing 
  1.25  determination, or waiver thereof, through a disqualification 
  1.26  consent agreement, or as part of any approved diversion plan 
  1.27  under section 401.065, or any court-ordered stay which carries 
  1.28  with it any probationary or other conditions, in the Minnesota 
  1.29  family assistance investment program, the food stamp program, 
  1.30  the general assistance program, the group residential housing 
  1.31  program, or the Minnesota supplemental aid program shall be 
  1.32  disqualified from that program.  In addition, any person 
  2.1   disqualified from the Minnesota family investment program shall 
  2.2   also be disqualified from the food stamp program.  The needs of 
  2.3   that individual shall not be taken into consideration in 
  2.4   determining the grant level for that assistance unit:  
  2.5      (1) for one year after the first offense; 
  2.6      (2) for two years after the second offense; and 
  2.7      (3) permanently after the third or subsequent offense.  
  2.8      The period of program disqualification shall begin on the 
  2.9   date stipulated on the advance notice of disqualification 
  2.10  without possibility of postponement for administrative stay or 
  2.11  administrative hearing and shall continue through completion 
  2.12  unless and until the findings upon which the sanctions were 
  2.13  imposed are reversed by a court of competent jurisdiction.  The 
  2.14  period for which sanctions are imposed is not subject to 
  2.15  review.  The sanctions provided under this subdivision are in 
  2.16  addition to, and not in substitution for, any other sanctions 
  2.17  that may be provided for by law for the offense involved.  A 
  2.18  disqualification established through hearing or waiver shall 
  2.19  result in the disqualification period beginning immediately 
  2.20  unless the person has become otherwise ineligible for 
  2.21  assistance.  If the person is ineligible for assistance, the 
  2.22  disqualification period begins when the person again meets the 
  2.23  eligibility criteria of the program from which they were 
  2.24  disqualified and makes application for that program. 
  2.25     (b) A family receiving assistance through child care 
  2.26  assistance programs under chapter 119B with a family member who 
  2.27  is found to be guilty of wrongfully obtaining child care 
  2.28  assistance by a federal court, state court, or an administrative 
  2.29  hearing determination or waiver, through a disqualification 
  2.30  consent agreement, as part of an approved diversion plan under 
  2.31  section 401.065, or a court-ordered stay with probationary or 
  2.32  other conditions, is disqualified from child care assistance 
  2.33  programs.  The disqualifications must be for periods of three 
  2.34  months, six months, and two years for the first, second, and 
  2.35  third offenses respectively.  Subsequent violations must result 
  2.36  in permanent disqualification.  During the disqualification 
  3.1   period, disqualification from any child care program must extend 
  3.2   to all child care programs and must be immediately applied. 
  3.3      Sec. 2.  Minnesota Statutes 2000, section 256D.425, 
  3.4   subdivision 1, is amended to read: 
  3.5      Subdivision 1.  [PERSONS ENTITLED TO RECEIVE AID.] A person 
  3.6   who is aged, blind, or 18 years of age or older and disabled and 
  3.7   who is receiving supplemental security benefits under Title XVI 
  3.8   on the basis of age, blindness, or disability (or would be 
  3.9   eligible for such benefits except for excess income) is eligible 
  3.10  for a payment under the Minnesota supplemental aid program, if 
  3.11  the person's net income is less than the standards in section 
  3.12  256D.44.  Persons who are not receiving supplemental security 
  3.13  income benefits under Title XVI of the Social Security Act or 
  3.14  disability insurance benefits under Title II of the Social 
  3.15  Security Act due to exhausting time limited benefits are not 
  3.16  eligible to receive benefits under the MSA program.  Persons who 
  3.17  are not receiving social security or other maintenance benefits 
  3.18  for failure to meet or comply with the social security or other 
  3.19  maintenance program requirements are not eligible to receive 
  3.20  benefits under the MSA program.  Persons who are found 
  3.21  ineligible for supplemental security income because of excess 
  3.22  income, but whose income is within the limits of the Minnesota 
  3.23  supplemental aid program, must have blindness or disability 
  3.24  determined by the state medical review team.  
  3.25     Sec. 3.  Minnesota Statutes 2000, section 256J.08, 
  3.26  subdivision 55a, is amended to read: 
  3.27     Subd. 55a.  [MFIP STANDARD OF NEED.] "MFIP standard of 
  3.28  need" means the appropriate standard used to determine MFIP 
  3.29  benefit payments for the MFIP unit and applies to: 
  3.30     (1) the transitional standard, sections 256J.08, 
  3.31  subdivision 85, and 256J.24, subdivision 5; and 
  3.32     (2) the shared household standard, section 256J.24, 
  3.33  subdivision 9; and 
  3.34     (3) the interstate transition standard, section 256J.43. 
  3.35     Sec. 4.  Minnesota Statutes 2000, section 256J.08, is 
  3.36  amended by adding a subdivision to read: 
  4.1      Subd. 67a.  [PERSON TRAINED IN DOMESTIC VIOLENCE.] "Person 
  4.2   trained in domestic violence" means an individual who works for 
  4.3   an organization that is designated by the Minnesota center for 
  4.4   crime victims services as providing services to victims of 
  4.5   domestic violence, or a county case manager who has received 
  4.6   similar specialized training, and includes any other person or 
  4.7   organization designated by a qualifying organization under this 
  4.8   section.  
  4.9      [EFFECTIVE DATE.] This section is effective October 1, 2001.
  4.10     Sec. 5.  Minnesota Statutes 2000, section 256J.21, 
  4.11  subdivision 2, is amended to read: 
  4.12     Subd. 2.  [INCOME EXCLUSIONS.] (a) The following must be 
  4.13  excluded in determining a family's available income: 
  4.14     (1) payments for basic care, difficulty of care, and 
  4.15  clothing allowances received for providing family foster care to 
  4.16  children or adults under Minnesota Rules, parts 9545.0010 to 
  4.17  9545.0260 and 9555.5050 to 9555.6265, and payments received and 
  4.18  used for care and maintenance of a third-party beneficiary who 
  4.19  is not a household member; 
  4.20     (2) reimbursements for employment training received through 
  4.21  the Job Training Partnership Act, United States Code, title 29, 
  4.22  chapter 19, sections 1501 to 1792b; 
  4.23     (3) reimbursement for out-of-pocket expenses incurred while 
  4.24  performing volunteer services, jury duty, employment, or 
  4.25  informal carpooling arrangements directly related to employment; 
  4.26     (4) all educational assistance, except the county agency 
  4.27  must count graduate student teaching assistantships, 
  4.28  fellowships, and other similar paid work as earned income and, 
  4.29  after allowing deductions for any unmet and necessary 
  4.30  educational expenses, shall count scholarships or grants awarded 
  4.31  to graduate students that do not require teaching or research as 
  4.32  unearned income; 
  4.33     (5) loans, regardless of purpose, from public or private 
  4.34  lending institutions, governmental lending institutions, or 
  4.35  governmental agencies; 
  4.36     (6) loans from private individuals, regardless of purpose, 
  5.1   provided an applicant or participant documents that the lender 
  5.2   expects repayment; 
  5.3      (7)(i) state income tax refunds; and 
  5.4      (ii) federal income tax refunds; 
  5.5      (8)(i) federal earned income credits; 
  5.6      (ii) Minnesota working family credits; 
  5.7      (iii) state homeowners and renters credits under chapter 
  5.8   290A; and 
  5.9      (iv) federal or state tax rebates; 
  5.10     (9) funds received for reimbursement, replacement, or 
  5.11  rebate of personal or real property when these payments are made 
  5.12  by public agencies, awarded by a court, solicited through public 
  5.13  appeal, or made as a grant by a federal agency, state or local 
  5.14  government, or disaster assistance organizations, subsequent to 
  5.15  a presidential declaration of disaster; 
  5.16     (10) the portion of an insurance settlement that is used to 
  5.17  pay medical, funeral, and burial expenses, or to repair or 
  5.18  replace insured property; 
  5.19     (11) reimbursements for medical expenses that cannot be 
  5.20  paid by medical assistance; 
  5.21     (12) payments by a vocational rehabilitation program 
  5.22  administered by the state under chapter 268A, except those 
  5.23  payments that are for current living expenses; 
  5.24     (13) in-kind income, including any payments directly made 
  5.25  by a third party to a provider of goods and services; 
  5.26     (14) assistance payments to correct underpayments, but only 
  5.27  for the month in which the payment is received; 
  5.28     (15) emergency assistance payments; 
  5.29     (16) funeral and cemetery payments as provided by section 
  5.30  256.935; 
  5.31     (17) nonrecurring cash gifts of $30 or less, not exceeding 
  5.32  $30 per participant in a calendar month; 
  5.33     (18) any form of energy assistance payment made through 
  5.34  Public Law Number 97-35, Low-Income Home Energy Assistance Act 
  5.35  of 1981, payments made directly to energy providers by other 
  5.36  public and private agencies, and any form of credit or rebate 
  6.1   payment issued by energy providers; 
  6.2      (19) Supplemental Security Income (SSI), including 
  6.3   retroactive SSI payments and other income of an SSI recipient; 
  6.4      (20) Minnesota supplemental aid, including retroactive 
  6.5   payments; 
  6.6      (21) proceeds from the sale of real or personal property; 
  6.7      (22) adoption assistance payments under section 259.67; 
  6.8      (23) state-funded family subsidy program payments made 
  6.9   under section 252.32 to help families care for children with 
  6.10  mental retardation or related conditions, consumer support grant 
  6.11  funds under section 256.476, and resources and services for a 
  6.12  disabled household member under one of the home and 
  6.13  community-based waiver services programs under chapter 256B; 
  6.14     (24) interest payments and dividends from property that is 
  6.15  not excluded from and that does not exceed the asset limit; 
  6.16     (25) rent rebates; 
  6.17     (26) income earned by a minor caregiver, minor child 
  6.18  through age 6, or a minor child who is at least a half-time 
  6.19  student in an approved elementary or secondary education 
  6.20  program; 
  6.21     (27) income earned by a caregiver under age 20 who is at 
  6.22  least a half-time student in an approved elementary or secondary 
  6.23  education program; 
  6.24     (28) MFIP child care payments under section 119B.05; 
  6.25     (29) all other payments made through MFIP to support a 
  6.26  caregiver's pursuit of greater self-support; 
  6.27     (30) income a participant receives related to shared living 
  6.28  expenses; 
  6.29     (31) reverse mortgages; 
  6.30     (32) benefits provided by the Child Nutrition Act of 1966, 
  6.31  United States Code, title 42, chapter 13A, sections 1771 to 
  6.32  1790; 
  6.33     (33) benefits provided by the women, infants, and children 
  6.34  (WIC) nutrition program, United States Code, title 42, chapter 
  6.35  13A, section 1786; 
  6.36     (34) benefits from the National School Lunch Act, United 
  7.1   States Code, title 42, chapter 13, sections 1751 to 1769e; 
  7.2      (35) relocation assistance for displaced persons under the 
  7.3   Uniform Relocation Assistance and Real Property Acquisition 
  7.4   Policies Act of 1970, United States Code, title 42, chapter 61, 
  7.5   subchapter II, section 4636, or the National Housing Act, United 
  7.6   States Code, title 12, chapter 13, sections 1701 to 1750jj; 
  7.7      (36) benefits from the Trade Act of 1974, United States 
  7.8   Code, title 19, chapter 12, part 2, sections 2271 to 2322; 
  7.9      (37) war reparations payments to Japanese Americans and 
  7.10  Aleuts under United States Code, title 50, sections 1989 to 
  7.11  1989d; 
  7.12     (38) payments to veterans or their dependents as a result 
  7.13  of legal settlements regarding Agent Orange or other chemical 
  7.14  exposure under Public Law Number 101-239, section 10405, 
  7.15  paragraph (a)(2)(E); 
  7.16     (39) income that is otherwise specifically excluded from 
  7.17  MFIP consideration in federal law, state law, or federal 
  7.18  regulation; 
  7.19     (40) security and utility deposit refunds; 
  7.20     (41) American Indian tribal land settlements excluded under 
  7.21  Public Law Numbers 98-123, 98-124, and 99-377 to the Mississippi 
  7.22  Band Chippewa Indians of White Earth, Leech Lake, and Mille Lacs 
  7.23  reservations and payments to members of the White Earth Band, 
  7.24  under United States Code, title 25, chapter 9, section 331, and 
  7.25  chapter 16, section 1407; 
  7.26     (42) all income of the minor parent's parents and 
  7.27  stepparents when determining the grant for the minor parent in 
  7.28  households that include a minor parent living with parents or 
  7.29  stepparents on MFIP with other children; and 
  7.30     (43) income of the minor parent's parents and stepparents 
  7.31  equal to 200 percent of the federal poverty guideline for a 
  7.32  family size not including the minor parent and the minor 
  7.33  parent's child in households that include a minor parent living 
  7.34  with parents or stepparents not on MFIP when determining the 
  7.35  grant for the minor parent.  The remainder of income is deemed 
  7.36  as specified in section 256J.37, subdivision 1b; 
  8.1      (44) payments made to children eligible for relative 
  8.2   custody assistance under section 257.85; 
  8.3      (45) vendor payments for goods and services made on behalf 
  8.4   of a client unless the client has the option of receiving the 
  8.5   payment in cash; and 
  8.6      (46) the principal portion of a contract for deed payment. 
  8.7      Sec. 6.  Minnesota Statutes 2000, section 256J.24, 
  8.8   subdivision 2, is amended to read: 
  8.9      Subd. 2.  [MANDATORY ASSISTANCE UNIT COMPOSITION.] Except 
  8.10  for minor caregivers and their children who must be in a 
  8.11  separate assistance unit from the other persons in the 
  8.12  household, when the following individuals live together, they 
  8.13  must be included in the assistance unit: 
  8.14     (1) a minor child, including a pregnant minor; 
  8.15     (2) the minor child's minor siblings, minor half-siblings, 
  8.16  and minor step-siblings; 
  8.17     (3) the minor child's natural parents, adoptive parents, 
  8.18  and stepparents; and 
  8.19     (4) the spouse of a pregnant woman.  
  8.20     A minor child must have a caregiver for the child to be 
  8.21  included in the assistance unit. 
  8.22     Sec. 7.  Minnesota Statutes 2000, section 256J.24, 
  8.23  subdivision 9, is amended to read: 
  8.24     Subd. 9.  [SHARED HOUSEHOLD STANDARD; MFIP.] (a) Except as 
  8.25  prohibited in paragraph (b), the county agency must use the 
  8.26  shared household standard when the household includes one or 
  8.27  more unrelated members, as that term is defined in section 
  8.28  256J.08, subdivision 86a.  The county agency must use the shared 
  8.29  household standard, unless a member of the assistance unit is a 
  8.30  victim of domestic family violence and has an approved safety 
  8.31  alternative employment plan, regardless of the number of 
  8.32  unrelated members in the household. 
  8.33     (b) The county agency must not use the shared household 
  8.34  standard when all unrelated members are one of the following: 
  8.35     (1) a recipient of public assistance benefits, including 
  8.36  food stamps, Supplemental Security Income, adoption assistance, 
  9.1   relative custody assistance, or foster care payments; 
  9.2      (2) a roomer or boarder, or a person to whom the assistance 
  9.3   unit is paying room or board; 
  9.4      (3) a minor child under the age of 18; 
  9.5      (4) a minor caregiver living with the minor caregiver's 
  9.6   parents or in an approved supervised living arrangement; 
  9.7      (5) a caregiver who is not the parent of the minor child in 
  9.8   the assistance unit; or 
  9.9      (6) an individual who provides child care to a child in the 
  9.10  MFIP assistance unit. 
  9.11     (c) The shared household standard must be discontinued if 
  9.12  it is not approved by the United States Department of 
  9.13  Agriculture under the MFIP waiver. 
  9.14     Sec. 8.  Minnesota Statutes 2000, section 256J.32, 
  9.15  subdivision 4, is amended to read: 
  9.16     Subd. 4.  [FACTORS TO BE VERIFIED.] The county agency shall 
  9.17  verify the following at application: 
  9.18     (1) identity of adults; 
  9.19     (2) presence of the minor child in the home, if 
  9.20  questionable; 
  9.21     (3) relationship of a minor child to caregivers in the 
  9.22  assistance unit; 
  9.23     (4) age, if necessary to determine MFIP eligibility; 
  9.24     (5) immigration status; 
  9.25     (6) social security number according to the requirements of 
  9.26  section 256J.30, subdivision 12; 
  9.27     (7) income; 
  9.28     (8) self-employment expenses used as a deduction; 
  9.29     (9) source and purpose of deposits and withdrawals from 
  9.30  business accounts; 
  9.31     (10) spousal support and child support payments made to 
  9.32  persons outside the household; 
  9.33     (11) real property; 
  9.34     (12) vehicles; 
  9.35     (13) checking and savings accounts; 
  9.36     (14) savings certificates, savings bonds, stocks, and 
 10.1   individual retirement accounts; 
 10.2      (15) pregnancy, if related to eligibility; 
 10.3      (16) inconsistent information, if related to eligibility; 
 10.4      (17) medical insurance; 
 10.5      (18) burial accounts; 
 10.6      (19) school attendance, if related to eligibility; 
 10.7      (20) residence; 
 10.8      (21) a claim of domestic family violence if used as a basis 
 10.9   for a deferral or exemption waiver from the 60-month time limit 
 10.10  in section 256J.42 or and regular employment and training 
 10.11  services requirements in section 256J.56; 
 10.12     (22) disability if used as an exemption from employment and 
 10.13  training services requirements under section 256J.56; and 
 10.14     (23) information needed to establish an exception under 
 10.15  section 256J.24, subdivision 9. 
 10.16     [EFFECTIVE DATE.] This section is effective October 1, 2001.
 10.17     Sec. 9.  Minnesota Statutes 2000, section 256J.39, 
 10.18  subdivision 2, is amended to read: 
 10.19     Subd. 2.  [PROTECTIVE AND VENDOR PAYMENTS.] Alternatives to 
 10.20  paying assistance directly to a participant may be used when: 
 10.21     (1) a county agency determines that a vendor payment is the 
 10.22  most effective way to resolve an emergency situation pertaining 
 10.23  to basic needs; 
 10.24     (2) a caregiver makes a written request to the county 
 10.25  agency asking that part or all of the assistance payment be 
 10.26  issued by protective or vendor payments for shelter and utility 
 10.27  service only.  The caregiver may withdraw this request in 
 10.28  writing at any time; 
 10.29     (3) the vendor payment is part of a sanction under section 
 10.30  256J.46; 
 10.31     (4) the vendor payment is required under section 256J.24, 
 10.32  subdivision 8, or 256J.26, or 256J.43; 
 10.33     (5) protective payments are required for minor parents 
 10.34  under section 256J.14; or 
 10.35     (6) a caregiver has exhibited a continuing pattern of 
 10.36  mismanaging funds as determined by the county agency. 
 11.1      The director of a county agency, or the director's 
 11.2   designee, must approve a proposal for protective or vendor 
 11.3   payment for money mismanagement when there is a pattern of 
 11.4   mismanagement under clause (6).  During the time a protective or 
 11.5   vendor payment is being made, the county agency must provide 
 11.6   services designed to alleviate the causes of the mismanagement. 
 11.7      The continuing need for and method of payment must be 
 11.8   documented and reviewed every 12 months.  The director of a 
 11.9   county agency or the director's designee must approve the 
 11.10  continuation of protective or vendor payments.  When it appears 
 11.11  that the need for protective or vendor payments will continue or 
 11.12  is likely to continue beyond two years because the county 
 11.13  agency's efforts have not resulted in sufficiently improved use 
 11.14  of assistance on behalf of the minor child, judicial appointment 
 11.15  of a legal guardian or other legal representative must be sought 
 11.16  by the county agency.  
 11.17     Sec. 10.  Minnesota Statutes 2000, section 256J.42, 
 11.18  subdivision 1, is amended to read: 
 11.19     Subdivision 1.  [TIME LIMIT.] (a) Except for the exemptions 
 11.20  as otherwise provided for in this section, an assistance unit in 
 11.21  which any adult caregiver has received 60 months of cash 
 11.22  assistance funded in whole or in part by the TANF block grant in 
 11.23  this or any other state or United States territory, or from a 
 11.24  tribal TANF program, MFIP, the AFDC program formerly codified in 
 11.25  sections 256.72 to 256.87, or the family general assistance 
 11.26  program formerly codified in sections 256D.01 to 256D.23, funded 
 11.27  in whole or in part by state appropriations, is ineligible to 
 11.28  receive MFIP.  Any cash assistance funded with TANF dollars in 
 11.29  this or any other state or United States territory, or from a 
 11.30  tribal TANF program, or MFIP assistance funded in whole or in 
 11.31  part by state appropriations, that was received by the unit on 
 11.32  or after the date TANF was implemented, including any assistance 
 11.33  received in states or United States territories of prior 
 11.34  residence, counts toward the 60-month limitation.  The 60-month 
 11.35  limit applies to a minor who is the head of a household or who 
 11.36  is married to the head of a household caregiver except under 
 12.1   subdivision 5.  The 60-month time period does not need to be 
 12.2   consecutive months for this provision to apply.  
 12.3      (b) The months before July 1998 in which individuals 
 12.4   received assistance as part of the field trials as an MFIP, 
 12.5   MFIP-R, or MFIP or MFIP-R comparison group family are not 
 12.6   included in the 60-month time limit. 
 12.7      Sec. 11.  Minnesota Statutes 2000, section 256J.42, 
 12.8   subdivision 3, is amended to read: 
 12.9      Subd. 3.  [ADULTS LIVING ON AN IN INDIAN 
 12.10  RESERVATION COUNTRY.] In determining the number of months for 
 12.11  which an adult has received assistance under MFIP-S, the county 
 12.12  agency must disregard any month during which the adult lived on 
 12.13  an in Indian reservation country if during the month at least 50 
 12.14  percent of the adults living on the reservation in Indian 
 12.15  country were not employed. 
 12.16     Sec. 12.  Minnesota Statutes 2000, section 256J.42, 
 12.17  subdivision 4, is amended to read: 
 12.18     Subd. 4.  [VICTIMS OF DOMESTIC FAMILY VIOLENCE.] Any cash 
 12.19  assistance received by an assistance unit in a month when a 
 12.20  caregiver is complying complied with a safety plan or after 
 12.21  October 1, 2001, complied or is complying with an alternative 
 12.22  employment plan under the MFIP-S employment and training 
 12.23  component section 256J.49, subdivision 1a, does not count toward 
 12.24  the 60-month limitation on assistance. 
 12.25     Sec. 13.  Minnesota Statutes 2000, section 256J.45, 
 12.26  subdivision 1, is amended to read: 
 12.27     Subdivision 1.  [COUNTY AGENCY TO PROVIDE ORIENTATION.] A 
 12.28  county agency must provide orientation to each MFIP caregiver 
 12.29  who is not exempt under section 256J.56, paragraph (a), clause 
 12.30  (6) or (8) unless the caregiver:  (1) is a single parent, or one 
 12.31  parent in a two-parent family, employed at least 35 hours per 
 12.32  week; or (2) a second parent in a two-parent family who is 
 12.33  employed for 20 or more hours per week provided the first parent 
 12.34  is employed at least 35 hours per week, with a face-to-face 
 12.35  orientation.  The county agency must inform caregivers who are 
 12.36  not exempt under section 256J.56, paragraph (a), clause (6) or 
 13.1   (8), clause (1) or (2) that failure to attend the orientation is 
 13.2   considered an occurrence of noncompliance with program 
 13.3   requirements, and will result in the imposition of a sanction 
 13.4   under section 256J.46.  If the client complies with the 
 13.5   orientation requirement prior to the first day of the month in 
 13.6   which the grant reduction is proposed to occur, the orientation 
 13.7   sanction shall be lifted.  
 13.8      Sec. 14.  Minnesota Statutes 2000, section 256J.45, 
 13.9   subdivision 2, is amended to read: 
 13.10     Subd. 2.  [GENERAL INFORMATION.] The MFIP-S MFIP 
 13.11  orientation must consist of a presentation that informs 
 13.12  caregivers of: 
 13.13     (1) the necessity to obtain immediate employment; 
 13.14     (2) the work incentives under MFIP-S MFIP, including the 
 13.15  availability of the federal earned income tax credit and the 
 13.16  Minnesota working family tax credit; 
 13.17     (3) the requirement to comply with the employment plan and 
 13.18  other requirements of the employment and training services 
 13.19  component of MFIP-S MFIP, including a description of the range 
 13.20  of work and training activities that are allowable under MFIP-S 
 13.21  MFIP to meet the individual needs of participants; 
 13.22     (4) the consequences for failing to comply with the 
 13.23  employment plan and other program requirements, and that the 
 13.24  county agency may not impose a sanction when failure to comply 
 13.25  is due to the unavailability of child care or other 
 13.26  circumstances where the participant has good cause under 
 13.27  subdivision 3; 
 13.28     (5) the rights, responsibilities, and obligations of 
 13.29  participants; 
 13.30     (6) the types and locations of child care services 
 13.31  available through the county agency; 
 13.32     (7) the availability and the benefits of the early 
 13.33  childhood health and developmental screening under sections 
 13.34  121A.16 to 121A.19; 123B.02, subdivision 16; and 123B.10; 
 13.35     (8) the caregiver's eligibility for transition year child 
 13.36  care assistance under section 119B.05; 
 14.1      (9) the caregiver's eligibility for extended medical 
 14.2   assistance when the caregiver loses eligibility for MFIP-S MFIP 
 14.3   due to increased earnings or increased child or spousal support; 
 14.4      (10) the caregiver's option to choose an employment and 
 14.5   training provider and information about each provider, including 
 14.6   but not limited to, services offered, program components, job 
 14.7   placement rates, job placement wages, and job retention rates; 
 14.8      (11) the caregiver's option to request approval of an 
 14.9   education and training plan according to section 256J.52; and 
 14.10     (12) the work study programs available under the higher 
 14.11  education system; and 
 14.12     (13) effective October 1, 2001, information about the 
 14.13  60-month time limit exemption and waivers of regular employment 
 14.14  and training requirements for family violence victims and 
 14.15  referral information about shelters and programs for victims of 
 14.16  family violence. 
 14.17     Sec. 15.  Minnesota Statutes 2000, section 256J.46, 
 14.18  subdivision 1, is amended to read: 
 14.19     Subdivision 1.  [SANCTIONS FOR PARTICIPANTS NOT COMPLYING 
 14.20  WITH PROGRAM REQUIREMENTS.] (a) A participant who fails without 
 14.21  good cause to comply with the requirements of this chapter, and 
 14.22  who is not subject to a sanction under subdivision 2, shall be 
 14.23  subject to a sanction as provided in this subdivision.  A 
 14.24  participant who fails to comply with an alternative employment 
 14.25  plan must have the plan reviewed by a person trained in domestic 
 14.26  violence and the county or a job counselor to determine if 
 14.27  components of the alternative employment plan are still 
 14.28  appropriate.  If the activities are no longer appropriate, the 
 14.29  plan must be revised with a person trained in domestic violence 
 14.30  and approved by the county or a job counselor.  A participant 
 14.31  who fails to comply with a plan that is determined not to need 
 14.32  revision will lose their exemption and be required to comply 
 14.33  with regular employment services activities.  
 14.34     A sanction must not be imposed for the sole purpose of 
 14.35  failing to participate in work activities for a specified number 
 14.36  of hours if the participant is a single parent or one parent in 
 15.1   a two-parent family and is employed at least 35 hours per week. 
 15.2      A sanction under this subdivision becomes effective the 
 15.3   month following the month in which a required notice is given.  
 15.4   A sanction must not be imposed when a participant comes into 
 15.5   compliance with the requirements for orientation under section 
 15.6   256J.45 or third-party liability for medical services under 
 15.7   section 256J.30, subdivision 10, prior to the effective date of 
 15.8   the sanction.  A sanction must not be imposed when a participant 
 15.9   comes into compliance with the requirements for employment and 
 15.10  training services under sections 256J.49 to 256J.72 ten days 
 15.11  prior to the effective date of the sanction.  For purposes of 
 15.12  this subdivision, each month that a participant fails to comply 
 15.13  with a requirement of this chapter shall be considered a 
 15.14  separate occurrence of noncompliance.  A participant who has had 
 15.15  one or more sanctions imposed must remain in compliance with the 
 15.16  provisions of this chapter for six months in order for a 
 15.17  subsequent occurrence of noncompliance to be considered a first 
 15.18  occurrence.  
 15.19     (b) Sanctions for noncompliance shall be imposed as follows:
 15.20     (1) For the first occurrence of noncompliance by a 
 15.21  participant in a single-parent household or by one participant 
 15.22  in a two-parent household, the assistance unit's grant shall be 
 15.23  reduced by ten percent of the MFIP standard of need for an 
 15.24  assistance unit of the same size with the residual grant paid to 
 15.25  the participant.  The reduction in the grant amount must be in 
 15.26  effect for a minimum of one month and shall be removed in the 
 15.27  month following the month that the participant returns to 
 15.28  compliance.  
 15.29     (2) For a second or subsequent occurrence of noncompliance, 
 15.30  or when both participants in a two-parent household are out of 
 15.31  compliance at the same time, the assistance unit's shelter costs 
 15.32  shall be vendor paid up to the amount of the cash portion of the 
 15.33  MFIP grant for which the participant's assistance unit is 
 15.34  eligible.  At county option, the assistance unit's utilities may 
 15.35  also be vendor paid up to the amount of the cash portion of the 
 15.36  MFIP grant remaining after vendor payment of the assistance 
 16.1   unit's shelter costs.  The residual amount of the grant after 
 16.2   vendor payment, if any, must be reduced by an amount equal to 30 
 16.3   percent of the MFIP standard of need for an assistance unit of 
 16.4   the same size before the residual grant is paid to the 
 16.5   assistance unit.  The reduction in the grant amount must be in 
 16.6   effect for a minimum of one month and shall be removed in the 
 16.7   month following the month that a participant in a one-parent 
 16.8   household returns to compliance.  In a two-parent household, the 
 16.9   grant reduction must be in effect for a minimum of one month and 
 16.10  shall be removed in the month following the month both 
 16.11  participants return to compliance.  The vendor payment of 
 16.12  shelter costs and, if applicable, utilities shall be removed six 
 16.13  months after the month in which the participant or participants 
 16.14  return to compliance. 
 16.15     (c) No later than during the second month that a sanction 
 16.16  under paragraph (b), clause (2), is in effect due to 
 16.17  noncompliance with employment services, the participant's case 
 16.18  file must be reviewed to determine if: 
 16.19     (i) the continued noncompliance can be explained and 
 16.20  mitigated by providing a needed preemployment activity, as 
 16.21  defined in section 256J.49, subdivision 13, clause (16); 
 16.22     (ii) the participant qualifies for a good cause exception 
 16.23  under section 256J.57; or 
 16.24     (iii) the participant qualifies for an exemption under 
 16.25  section 256J.56; or 
 16.26     (iv) the participant qualifies for a waiver under section 
 16.27  256J.52, subdivision 6. 
 16.28     If the lack of an identified activity can explain the 
 16.29  noncompliance, the county must work with the participant to 
 16.30  provide the identified activity, and the county must restore the 
 16.31  participant's grant amount to the full amount for which the 
 16.32  assistance unit is eligible.  The grant must be restored 
 16.33  retroactively to the first day of the month in which the 
 16.34  participant was found to lack preemployment activities or to 
 16.35  qualify for an exemption or, a good cause exception, or a family 
 16.36  violence waiver. 
 17.1      If the participant is found to qualify for a good cause 
 17.2   exception or an exemption, or a family violence waiver, the 
 17.3   county must restore the participant's grant to the full amount 
 17.4   for which the assistance unit is eligible.  
 17.5      [EFFECTIVE DATE.] This section is effective October 1, 2001.
 17.6      Sec. 16.  Minnesota Statutes 2000, section 256J.48, is 
 17.7   amended by adding a subdivision to read: 
 17.8      Subd. 1a.  [PROCESSING EMERGENCY APPLICATIONS.] Within 
 17.9   seven days of receiving the application, or sooner if the 
 17.10  immediacy and severity of the situation warrants it, families 
 17.11  must be notified in writing whether their application was 
 17.12  approved, denied, or pended. 
 17.13     Sec. 17.  Minnesota Statutes 2000, section 256J.49, is 
 17.14  amended by adding a subdivision to read: 
 17.15     Subd. 1a.  [ALTERNATIVE EMPLOYMENT PLAN.] "Alternative 
 17.16  employment plan" means a plan that is based on an individualized 
 17.17  assessment of need and is developed with a person trained in 
 17.18  domestic violence and approved by the county or a job 
 17.19  counselor.  The plan may address safety, legal or emotional 
 17.20  issues, and other demands on the family as a result of the 
 17.21  family violence.  The information in section 256J.515, clauses 
 17.22  (1) to (8), must be included as part of the development of the 
 17.23  alternative employment plan.  The primary goal of an alternative 
 17.24  employment plan is to ensure the safety of the caregiver and 
 17.25  children.  To the extent it is consistent with ensuring safety, 
 17.26  an alternative employment plan shall also include activities 
 17.27  that are designed to lead to self-sufficiency.  An activity is 
 17.28  inconsistent with ensuring safety if, in the opinion of a person 
 17.29  trained in domestic violence, the activity would endanger the 
 17.30  safety of the participant or children.  An alternative 
 17.31  employment plan may not automatically include a provision that 
 17.32  requires a participant to obtain an order for protection or to 
 17.33  attend counseling. 
 17.34     [EFFECTIVE DATE.] This section is effective October 1, 2001.
 17.35     Sec. 18.  Minnesota Statutes 2000, section 256J.49, 
 17.36  subdivision 2, is amended to read: 
 18.1      Subd. 2.  [DOMESTIC FAMILY VIOLENCE.] "Domestic Family 
 18.2   violence" means: 
 18.3      (1) physical acts that result, or threaten to result in, 
 18.4   physical injury to an individual; 
 18.5      (2) sexual abuse; 
 18.6      (3) sexual activity involving a minor child; 
 18.7      (4) being forced as the caregiver of a minor child to 
 18.8   engage in nonconsensual sexual acts or activities; 
 18.9      (5) threats of, or attempts at, physical or sexual abuse; 
 18.10     (6) mental abuse; or 
 18.11     (7) neglect or deprivation of medical care. 
 18.12     [EFFECTIVE DATE.] This section is effective October 1, 2001.
 18.13     Sec. 19.  Minnesota Statutes 2000, section 256J.49, 
 18.14  subdivision 13, is amended to read: 
 18.15     Subd. 13.  [WORK ACTIVITY.] "Work activity" means any 
 18.16  activity in a participant's approved employment plan that is 
 18.17  tied to the participant's employment goal.  For purposes of the 
 18.18  MFIP program, any activity that is included in a participant's 
 18.19  approved employment plan meets the definition of work activity 
 18.20  as counted under the federal participation standards.  Work 
 18.21  activity includes, but is not limited to: 
 18.22     (1) unsubsidized employment; 
 18.23     (2) subsidized private sector or public sector employment, 
 18.24  including grant diversion as specified in section 256J.69; 
 18.25     (3) work experience, including CWEP as specified in section 
 18.26  256J.67, and including work associated with the refurbishing of 
 18.27  publicly assisted housing if sufficient private sector 
 18.28  employment is not available; 
 18.29     (4) on-the-job training as specified in section 256J.66; 
 18.30     (5) job search, either supervised or unsupervised; 
 18.31     (6) job readiness assistance; 
 18.32     (7) job clubs, including job search workshops; 
 18.33     (8) job placement; 
 18.34     (9) job development; 
 18.35     (10) job-related counseling; 
 18.36     (11) job coaching; 
 19.1      (12) job retention services; 
 19.2      (13) job-specific training or education; 
 19.3      (14) job skills training directly related to employment; 
 19.4      (15) the self-employment investment demonstration (SEID), 
 19.5   as specified in section 256J.65; 
 19.6      (16) preemployment activities, based on availability and 
 19.7   resources, such as volunteer work, literacy programs and related 
 19.8   activities, citizenship classes, English as a second language 
 19.9   (ESL) classes as limited by the provisions of section 256J.52, 
 19.10  subdivisions 3, paragraph (d), and 5, paragraph (c), or 
 19.11  participation in dislocated worker services, chemical dependency 
 19.12  treatment, mental health services, peer group networks, 
 19.13  displaced homemaker programs, strength-based resiliency 
 19.14  training, parenting education, or other programs designed to 
 19.15  help families reach their employment goals and enhance their 
 19.16  ability to care for their children; 
 19.17     (17) community service programs; 
 19.18     (18) vocational educational training or educational 
 19.19  programs that can reasonably be expected to lead to employment, 
 19.20  as limited by the provisions of section 256J.53; 
 19.21     (19) apprenticeships; 
 19.22     (20) satisfactory attendance in general educational 
 19.23  development diploma classes or an adult diploma program; 
 19.24     (21) satisfactory attendance at secondary school, if the 
 19.25  participant has not received a high school diploma; 
 19.26     (22) adult basic education classes; 
 19.27     (23) internships; 
 19.28     (24) bilingual employment and training services; 
 19.29     (25) providing child care services to a participant who is 
 19.30  working in a community service program; and 
 19.31     (26) activities included in a safety an alternative 
 19.32  employment plan that is developed under section 256J.52, 
 19.33  subdivision 6. 
 19.34     [EFFECTIVE DATE.] This section is effective October 1, 2001.
 19.35     Sec. 20.  Minnesota Statutes 2000, section 256J.50, 
 19.36  subdivision 5, is amended to read: 
 20.1      Subd. 5.  [PARTICIPATION REQUIREMENTS FOR ALL CASES.] (a) 
 20.2   For two-parent cases, participation is required concurrent with 
 20.3   the receipt of MFIP cash assistance.  
 20.4      For single-parent cases, participation is required 
 20.5   concurrent with the receipt of MFIP cash assistance for all 
 20.6   counties except Blue Earth and Nicollet, effective July 1, 2000, 
 20.7   and is required for Blue Earth and Nicollet counties effective 
 20.8   January 1, 2001.  For Blue Earth and Nicollet counties only, 
 20.9   from July 1, 2000 to December 31, 2000, mandatory participation 
 20.10  for single-parent cases must be required within six months of 
 20.11  eligibility for cash assistance. 
 20.12     (b) Beginning January 1, 1998, with the exception of 
 20.13  caregivers required to attend high school under the provisions 
 20.14  of section 256J.54, subdivision 5, MFIP caregivers, upon 
 20.15  completion of the secondary assessment, must develop an 
 20.16  employment plan and participate in work activities. 
 20.17     (c) Upon completion of the secondary assessment: 
 20.18     (1) In single-parent families with no children under six 
 20.19  years of age, the job counselor and the caregiver must develop 
 20.20  an employment plan that includes 20 to 35 hours per week of work 
 20.21  activities for the period January 1, 1998, to September 30, 
 20.22  1998; 25 to 35 hours of work activities per week in federal 
 20.23  fiscal year 1999; and 30 to 35 hours per week of work activities 
 20.24  in federal fiscal year 2000 and thereafter. 
 20.25     (2) In single-parent families with a child under six years 
 20.26  of age, the job counselor and the caregiver must develop an 
 20.27  employment plan that includes 20 to 35 hours per week of work 
 20.28  activities. 
 20.29     (3) In two-parent families, the job counselor and the 
 20.30  caregivers must develop employment plans which result in a 
 20.31  combined total of at least 55 hours per week of work activities, 
 20.32  of which at least 30 hours must be completed by one of the 
 20.33  parents. 
 20.34     Sec. 21.  Minnesota Statutes 2000, section 256J.50, 
 20.35  subdivision 10, is amended to read: 
 20.36     Subd. 10.  [REQUIRED NOTIFICATION TO VICTIMS OF DOMESTIC 
 21.1   FAMILY VIOLENCE.] County agencies and their contractors must 
 21.2   provide universal notification to all applicants and recipients 
 21.3   of MFIP-S MFIP that: 
 21.4      (1) referrals to counseling and supportive services are 
 21.5   available for victims of domestic family violence; 
 21.6      (2) nonpermanent resident battered individuals married to 
 21.7   United States citizens or permanent residents may be eligible to 
 21.8   petition for permanent residency under the federal Violence 
 21.9   Against Women Act, and that referrals to appropriate legal 
 21.10  services are available; 
 21.11     (3) victims of domestic family violence are exempt from 
 21.12  eligible for an extension of the 60-month limit on assistance 
 21.13  while the individual is complying with an approved safety plan, 
 21.14  as defined in section 256J.49, subdivision 11; and 
 21.15     (4) victims of domestic family violence may choose to be 
 21.16  exempt or deferred from have regular work requirements for up to 
 21.17  12 months waived while the individual is complying with 
 21.18  an approved safety alternative employment plan as defined in 
 21.19  section 256J.49, subdivision 11 1a.  If an alternative plan is 
 21.20  denied, the county or a job counselor must provide reasons why 
 21.21  the plan is not approved and document how the denial of the plan 
 21.22  does not interfere with the safety of the participant or 
 21.23  children. 
 21.24     Notification must be in writing and orally at the time of 
 21.25  application and recertification, when the individual is referred 
 21.26  to the title IV-D child support agency, and at the beginning of 
 21.27  any job training or work placement assistance program. 
 21.28     [EFFECTIVE DATE.] This section is effective October 1, 2001.
 21.29     Sec. 22.  Minnesota Statutes 2000, section 256J.50, is 
 21.30  amended by adding a subdivision to read: 
 21.31     Subd. 12.  [ACCESS TO PERSONS TRAINED IN DOMESTIC 
 21.32  VIOLENCE.] In a county where there is no local organization with 
 21.33  a staff person who is trained in domestic violence, as that term 
 21.34  is defined in section 256J.08, subdivision 67a, the county must 
 21.35  work with the nearest organization that is designated as 
 21.36  providing services to victims of domestic violence to develop a 
 22.1   process, which ensures that domestic violence victims have 
 22.2   access to a person trained in domestic violence. 
 22.3      [EFFECTIVE DATE.] This section is effective October 1, 2001.
 22.4      Sec. 23.  Minnesota Statutes 2000, section 256J.515, is 
 22.5   amended to read: 
 22.6      256J.515 [OVERVIEW OF EMPLOYMENT AND TRAINING SERVICES.] 
 22.7      During the first meeting with participants, job counselors 
 22.8   must ensure that an overview of employment and training services 
 22.9   is provided that: 
 22.10     (1) stresses the necessity and opportunity of immediate 
 22.11  employment; 
 22.12     (2) outlines the job search resources offered; 
 22.13     (3) outlines education or training opportunities available; 
 22.14     (4) describes the range of work activities, including 
 22.15  activities under section 256J.49, subdivision 13, clause (18), 
 22.16  that are allowable under MFIP to meet the individual needs of 
 22.17  participants; 
 22.18     (5) explains the requirements to comply with an employment 
 22.19  plan; 
 22.20     (6) explains the consequences for failing to comply; and 
 22.21     (7) explains the services that are available to support job 
 22.22  search and work and education; and 
 22.23     (8) provides referral information about shelters and 
 22.24  programs for victims of family violence, the time limit 
 22.25  exemption, and waivers of regular employment and training 
 22.26  requirements for family violence victims. 
 22.27     Failure to attend the overview of employment and training 
 22.28  services without good cause results in the imposition of a 
 22.29  sanction under section 256J.46. 
 22.30     Effective October 1, 2001, a participant who has an 
 22.31  alternative employment plan under section 256J.52, subdivision 
 22.32  6, as defined in section 256J.49, subdivision 1a, or who is in 
 22.33  the process of developing such a plan, is exempt from the 
 22.34  requirement to attend the overview. 
 22.35     Sec. 24.  Minnesota Statutes 2000, section 256J.52, 
 22.36  subdivision 2, is amended to read: 
 23.1      Subd. 2.  [INITIAL ASSESSMENT.] (a) The job counselor must, 
 23.2   with the cooperation of the participant, assess the 
 23.3   participant's ability to obtain and retain employment.  This 
 23.4   initial assessment must include a review of the participant's 
 23.5   education level, prior employment or work experience, 
 23.6   transferable work skills, and existing job markets. 
 23.7      (b) In assessing the participant, the job counselor must 
 23.8   determine if the participant needs refresher courses for 
 23.9   professional certification or licensure, in which case, the job 
 23.10  search plan under subdivision 3 must include the courses 
 23.11  necessary to obtain the certification or licensure, in addition 
 23.12  to other work activities, provided the combination of the 
 23.13  courses and other work activities are at least for 40 hours per 
 23.14  week.  
 23.15     (c) If a participant can demonstrate to the satisfaction of 
 23.16  the county agency that lack of proficiency in English is a 
 23.17  barrier to obtaining suitable employment, the job counselor must 
 23.18  include participation in an intensive English as a second 
 23.19  language program if available or otherwise a regular English as 
 23.20  a second language program in the individual's employment plan 
 23.21  under subdivision 5.  Lack of proficiency in English is not 
 23.22  necessarily a barrier to employment.  
 23.23     (d) The job counselor may approve an education or training 
 23.24  plan, and postpone the job search requirement, if the 
 23.25  participant has a proposal for an education program which: 
 23.26     (1) can be completed within 12 months; 
 23.27     (2) meets the criteria of section 256J.53, subdivisions 2, 
 23.28  3, and 5; and 
 23.29     (3) is likely, without additional training, to lead to 
 23.30  monthly employment earnings which, after subtraction of the 
 23.31  earnings disregard under section 256J.21, equal or exceed the 
 23.32  family wage level for the participant's assistance unit. 
 23.33     (e) A participant who, at the time of the initial 
 23.34  assessment, presents a plan that includes farming as a 
 23.35  self-employed work activity must have an employment plan 
 23.36  developed under subdivision 5 that includes the farming as an 
 24.1   approved work activity. 
 24.2      (f) Effective October 1, 2001, an alternative employment 
 24.3   plan must be offered and explained to a participant who at any 
 24.4   time declares or reveals current or past family violence.  If 
 24.5   the participant is interested, an alternative employment plan 
 24.6   must be developed and approved for the participant. 
 24.7      Sec. 25.  Minnesota Statutes 2000, section 256J.52, 
 24.8   subdivision 3, is amended to read: 
 24.9      Subd. 3.  [JOB SEARCH; JOB SEARCH SUPPORT PLAN.] (a) If, 
 24.10  after the initial assessment, the job counselor determines that 
 24.11  the participant possesses sufficient skills that the participant 
 24.12  is likely to succeed in obtaining suitable employment, the 
 24.13  participant must conduct job search for a period of up to eight 
 24.14  weeks, for at least 30 hours per week.  The participant must 
 24.15  accept any offer of suitable employment.  Upon agreement by the 
 24.16  job counselor and the participant, a job search support plan may 
 24.17  limit a job search to jobs that are consistent with the 
 24.18  participant's employment goal.  The job counselor and 
 24.19  participant must develop a job search support plan which 
 24.20  specifies, at a minimum:  whether the job search is to be 
 24.21  supervised or unsupervised; support services that will be 
 24.22  provided while the participant conducts job search activities; 
 24.23  the courses necessary to obtain certification or licensure, if 
 24.24  applicable, and after obtaining the license or certificate, the 
 24.25  client must comply with subdivision 5; and how frequently the 
 24.26  participant must report to the job counselor on the status of 
 24.27  the participant's job search activities.  The job search support 
 24.28  plan must also specify that the participant fulfill no more than 
 24.29  half of the required hours of job search through attending adult 
 24.30  basic education or English as a second language classes, if one 
 24.31  or both of those activities are approved by the job counselor. 
 24.32     (b) During the eight-week job search period, either the job 
 24.33  counselor or the participant may request a review of the 
 24.34  participant's job search plan and progress towards obtaining 
 24.35  suitable employment.  If a review is requested by the 
 24.36  participant, the job counselor must concur that the review is 
 25.1   appropriate for the participant at that time.  If a review is 
 25.2   conducted, the job counselor may make a determination to conduct 
 25.3   a secondary assessment prior to the conclusion of the job search.
 25.4      (c) Failure to conduct the required job search, to accept 
 25.5   any offer of suitable employment, to develop or comply with a 
 25.6   job search support plan, or voluntarily quitting suitable 
 25.7   employment without good cause results in the imposition of a 
 25.8   sanction under section 256J.46.  If at the end of eight weeks 
 25.9   the participant has not obtained suitable employment, the job 
 25.10  counselor must conduct a secondary assessment of the participant 
 25.11  under subdivision 3 4. 
 25.12     (d) In order for an English as a second language (ESL) 
 25.13  class to be an approved work activity, a participant must be at 
 25.14  or below a spoken language proficiency level of SPL5 or its 
 25.15  equivalent, as measured by a nationally recognized test.  A 
 25.16  participant may not be approved for more than a total of 24 
 25.17  months of ESL activities while participating in the employment 
 25.18  and training services component of MFIP.  In approving ESL as a 
 25.19  work activity, the job counselor must give preference to 
 25.20  enrollment in an intensive ESL program, if one is available, 
 25.21  over a regular ESL program.  If an intensive ESL program is 
 25.22  approved, the restriction in paragraph (a) that no more than 
 25.23  half of the required hours of job search is fulfilled through 
 25.24  attending ESL classes does not apply. 
 25.25     [EFFECTIVE DATE.] This section is effective October 1, 2001.
 25.26     Sec. 26.  Minnesota Statutes 2000, section 256J.52, 
 25.27  subdivision 6, is amended to read: 
 25.28     Subd. 6.  [SAFETY ALTERNATIVE EMPLOYMENT PLAN AND FAMILY 
 25.29  VIOLENCE WAIVER PROVISIONS.] Notwithstanding subdivisions 1 to 
 25.30  5, a participant who is a victim of domestic violence and who 
 25.31  agrees to develop or has developed a safety plan meeting the 
 25.32  definition under section 256J.49, subdivision 11, is deferred 
 25.33  from the requirements of this section, sections 256J.54, and 
 25.34  256J.55 for a period of three months from the date the safety 
 25.35  plan is approved.  A participant deferred under this subdivision 
 25.36  must submit a safety plan status report to the county agency on 
 26.1   a quarterly basis.  Based on a review of the status report, the 
 26.2   county agency may approve or renew the participant's deferral 
 26.3   each quarter, provided the personal safety of the participant is 
 26.4   still at risk and the participant is complying with the plan.  A 
 26.5   participant who is deferred under this subdivision may be 
 26.6   deferred for a total of 12 months under a safety plan, provided 
 26.7   the individual is complying with the terms of the plan.  
 26.8   Participants who have a safety plan under section 256J.49, 
 26.9   subdivision 11, prior to October 1, 2001, will have that plan 
 26.10  converted to an alternative employment plan upon their plan 
 26.11  renewal date.  An alternative employment plan must be reviewed 
 26.12  at the end of the first six months to determine if the 
 26.13  activities contained in the alternative employment plan are 
 26.14  still appropriate.  It is the responsibility of the county or a 
 26.15  job counselor to contact the participant and notify them that 
 26.16  their plan is up for review, and document whether the 
 26.17  participant wishes to renew the plan.  If the participant does 
 26.18  not wish to renew the plan, or if the participant fails to 
 26.19  respond after reasonable efforts to contact the participant are 
 26.20  made by the county or a job counselor, the participant must 
 26.21  participate in regular employment services activities.  If the 
 26.22  participant requests renewal of the plan or if there is a 
 26.23  dispute over whether the plan is still appropriate, the 
 26.24  participant must receive the assistance of a person trained in 
 26.25  domestic violence.  If the person trained in domestic violence 
 26.26  recommends that the activities are still appropriate, the county 
 26.27  or a job counselor must renew the alternative employment plan or 
 26.28  provide written reasons why the plan is not approved and 
 26.29  document how denial of the plan renewal does not interfere with 
 26.30  the safety of the participant or children.  If the person 
 26.31  trained in domestic violence recommends that the activities are 
 26.32  no longer appropriate, the plan must be revised with the 
 26.33  assistance of a person trained in domestic violence.  The county 
 26.34  or a job counselor must approve the revised plan or provide 
 26.35  written reasons why the plan is not approved and document how 
 26.36  denial of the plan renewal does not interfere with the safety of 
 27.1   the participant or children.  After the first six months reviews 
 27.2   may take place quarterly.  During the time a participant is 
 27.3   cooperating with the development or revision of an alternative 
 27.4   employment plan, the participant is not subject to a sanction 
 27.5   for noncompliance with regular employment services activities.  
 27.6      Sec. 27.  Minnesota Statutes 2000, section 256J.56, is 
 27.7   amended to read: 
 27.8      256J.56 [EMPLOYMENT AND TRAINING SERVICES COMPONENT; 
 27.9   EXEMPTIONS.] 
 27.10     (a) An MFIP caregiver is exempt from the requirements of 
 27.11  sections 256J.52 to 256J.55 if the caregiver belongs to any of 
 27.12  the following groups: 
 27.13     (1) individuals who are age 60 or older; 
 27.14     (2) individuals who are suffering from a professionally 
 27.15  certified permanent or temporary illness, injury, or incapacity 
 27.16  which is expected to continue for more than 30 days and which 
 27.17  prevents the person from obtaining or retaining employment.  
 27.18  Persons in this category with a temporary illness, injury, or 
 27.19  incapacity must be reevaluated at least quarterly; 
 27.20     (3) caregivers whose presence in the home is required as a 
 27.21  caregiver because of the a professionally certified illness or 
 27.22  incapacity of another member in the assistance unit, a relative 
 27.23  in the household, or a foster child in the household; 
 27.24     (4) women who are pregnant, if the pregnancy has resulted 
 27.25  in a professionally certified incapacity that prevents the woman 
 27.26  from obtaining or retaining employment; 
 27.27     (5) caregivers of a child under the age of one year who 
 27.28  personally provide full-time care for the child.  This exemption 
 27.29  may be used for only 12 months in a lifetime.  In two-parent 
 27.30  households, only one parent or other relative may qualify for 
 27.31  this exemption; 
 27.32     (6) individuals who are single parents, or one parent in a 
 27.33  two-parent family, employed at least 35 hours per week; 
 27.34     (7) individuals experiencing a personal or family crisis 
 27.35  that makes them incapable of participating in the program, as 
 27.36  determined by the county agency.  If the participant does not 
 28.1   agree with the county agency's determination, the participant 
 28.2   may seek professional certification, as defined in section 
 28.3   256J.08, that the participant is incapable of participating in 
 28.4   the program.  Persons in this exemption category must be 
 28.5   reevaluated every 60 days.  A personal or family crisis related 
 28.6   to family violence, as determined by the county or a job 
 28.7   counselor with the assistance of a person trained in domestic 
 28.8   violence, should not result in an exemption, but should be 
 28.9   addressed through the development or revision of an alternative 
 28.10  employment plan under section 256J.52, subdivision 6; 
 28.11     (8) (7) second parents in two-parent families employed for 
 28.12  20 or more hours per week, provided the first parent is employed 
 28.13  at least 35 hours per week; or 
 28.14     (9) (8) caregivers with a child or an adult in the 
 28.15  household who meets the disability or medical criteria for home 
 28.16  care services under section 256B.0627, subdivision 1, paragraph 
 28.17  (c), or a home and community-based waiver services program under 
 28.18  chapter 256B, or meets the criteria for severe emotional 
 28.19  disturbance under section 245.4871, subdivision 6, or for 
 28.20  serious and persistent mental illness under section 245.462, 
 28.21  subdivision 20, paragraph (c).  Caregivers in this exemption 
 28.22  category are presumed to be prevented from obtaining or 
 28.23  retaining employment. 
 28.24     (b) A caregiver who is exempt under clause (5) must enroll 
 28.25  in and attend an early childhood and family education class, a 
 28.26  parenting class, or some similar activity, if available, during 
 28.27  the period of time the caregiver is exempt under this section.  
 28.28  Notwithstanding section 256J.46, failure to attend the required 
 28.29  activity shall not result in the imposition of a sanction. 
 28.30     (b) (c) The county agency must provide employment and 
 28.31  training services to MFIP caregivers who are exempt under this 
 28.32  section, but who volunteer to participate.  Exempt volunteers 
 28.33  may request approval for any work activity under section 
 28.34  256J.49, subdivision 13.  The hourly participation requirements 
 28.35  for nonexempt caregivers under section 256J.50, subdivision 5, 
 28.36  do not apply to exempt caregivers who volunteer to participate. 
 29.1      Sec. 28.  Minnesota Statutes 2000, section 256J.62, 
 29.2   subdivision 2a, is amended to read: 
 29.3      Subd. 2a.  [CASELOAD-BASED FUNDS ALLOCATION.] Effective for 
 29.4   state fiscal year 2000, and for all subsequent years, money 
 29.5   shall be allocated to counties and eligible tribal providers 
 29.6   based on their average number of MFIP cases as a proportion of 
 29.7   the statewide total number of MFIP cases:  
 29.8      (1) the average number of cases must be based upon counts 
 29.9   of MFIP or tribal TANF cases as of March 31, June 30, September 
 29.10  30, and December 31 of the previous calendar year, less the 
 29.11  number of child only cases and cases where all the caregivers 
 29.12  are age 60 or over.  Two-parent cases, with the exception of 
 29.13  those with a caregiver age 60 or over, will be multiplied by a 
 29.14  factor of two; 
 29.15     (2) the MFIP or tribal TANF case count for each eligible 
 29.16  tribal provider shall be based upon the number of MFIP or tribal 
 29.17  TANF cases who are enrolled in, or are eligible for enrollment 
 29.18  in the tribe; and the case must be an active MFIP case; and the 
 29.19  case members must reside within the tribal program's service 
 29.20  delivery area; and 
 29.21     (3) MFIP or tribal TANF cases counted for determining 
 29.22  allocations to tribal providers shall be removed from the case 
 29.23  counts of the respective counties where they reside to prevent 
 29.24  duplicate counts;. 
 29.25     (4) prior to allocating funds to counties and tribal 
 29.26  providers, $1,000,000 shall be set aside to allow the 
 29.27  commissioner to use these set-aside funds to provide funding to 
 29.28  county or tribal providers who experience an unforeseen influx 
 29.29  of participants or other emergent situations beyond their 
 29.30  control; and 
 29.31     (5) the commissioner shall use a portion of the funds in 
 29.32  clause (4) to offset a reduction in funds allocated to any 
 29.33  county between state fiscal year 1999 and state fiscal year 2000 
 29.34  that results from the adjustment in clause (3).  The funding 
 29.35  provided under this clause must reduce by half the reduction for 
 29.36  state fiscal year 2000 that any county would otherwise 
 30.1   experience in the absence of this clause. 
 30.2   Any funds specified in this clause that remain unspent by March 
 30.3   31 of each year shall be reallocated out to county and tribal 
 30.4   providers using the funding formula detailed in clauses (1) to 
 30.5   (5). 
 30.6      Sec. 29.  Minnesota Statutes 2000, section 256J.62, 
 30.7   subdivision 9, is amended to read: 
 30.8      Subd. 9.  [CONTINUATION OF CERTAIN SERVICES.] At the 
 30.9   request of the caregiver, the county may continue to provide 
 30.10  case management, counseling or other support services to a 
 30.11  participant following the participant's achievement of the 
 30.12  employment goal, for up to 12 months following termination of 
 30.13  the participant's eligibility for MFIP, as long as the 
 30.14  participant's household income is below 200 percent of the 
 30.15  federal poverty guidelines. 
 30.16     A county may expend funds for a specific employment and 
 30.17  training service for the duration of that service to a 
 30.18  participant if the funds are obligated or expended prior to the 
 30.19  participant losing MFIP eligibility. 
 30.20     Sec. 30.  Minnesota Statutes 2000, section 256J.645, is 
 30.21  amended to read: 
 30.22     256J.645 [INDIAN TRIBE MFIP-S MFIP EMPLOYMENT AND TRAINING 
 30.23  SERVICES.] 
 30.24     Subdivision 1.  [AUTHORIZATION TO ENTER INTO AGREEMENTS.] 
 30.25  Effective July 1, 1997, the commissioner may enter into 
 30.26  agreements with federally recognized Indian tribes with a 
 30.27  reservation in the state to provide MFIP-S MFIP employment and 
 30.28  training services to members of the Indian tribe and to other 
 30.29  caregivers who are a part of the tribal member's MFIP-S MFIP 
 30.30  assistance unit.  For purposes of this section, "Indian tribe" 
 30.31  means a tribe, band, nation, or other federally recognized group 
 30.32  or community of Indians.  The commissioner may also enter into 
 30.33  an agreement with a consortium of Indian tribes providing the 
 30.34  governing body of each Indian tribe in the consortium complies 
 30.35  with the provisions of this section. 
 30.36     Subd. 2.  [TRIBAL REQUIREMENTS.] The Indian tribe must: 
 31.1      (1) agree to fulfill the responsibilities provided under 
 31.2   the employment and training services component of MFIP-S MFIP 
 31.3   regarding operation of MFIP-S MFIP employment and training 
 31.4   services, as designated by the commissioner; 
 31.5      (2) operate its employment and training services program 
 31.6   within a geographic service area not to exceed the counties 
 31.7   within which a border of the reservation falls; 
 31.8      (3) operate its program in conformity with section 13.46 
 31.9   and any applicable federal regulations in the use of data about 
 31.10  MFIP-S MFIP recipients; 
 31.11     (4) coordinate operation of its program with the county 
 31.12  agency, Job Training Partnership Workforce Investment Act 
 31.13  programs, and other support services or employment-related 
 31.14  programs in the counties in which the tribal unit's program 
 31.15  operates; 
 31.16     (5) provide financial and program participant activity 
 31.17  recordkeeping and reporting in the manner and using the forms 
 31.18  and procedures specified by the commissioner and permit 
 31.19  inspection of its program and records by representatives of the 
 31.20  state; and 
 31.21     (6) have the Indian tribe's employment and training service 
 31.22  provider certified by the commissioner of economic security, or 
 31.23  approved by the county. 
 31.24     Subd. 3.  [FUNDING.] If the commissioner and an Indian 
 31.25  tribe are parties to an agreement under this subdivision, the 
 31.26  agreement may shall annually provide to the Indian tribe the 
 31.27  funding amount in clause (1) or (2): allocated in section 
 31.28  256J.62, subdivisions 1 and 2a. 
 31.29     (1) if the Indian tribe operated a tribal STRIDE program 
 31.30  during state fiscal year 1997, the amount to be provided is the 
 31.31  amount the Indian tribe received from the state for operation of 
 31.32  its tribal STRIDE program in state fiscal year 1997, except that 
 31.33  the amount provided for a fiscal year may increase or decrease 
 31.34  in the same proportion that the total amount of state and 
 31.35  federal funds available for MFIP-S employment and training 
 31.36  services increased or decreased that fiscal year; or 
 32.1      (2) if the Indian tribe did not operate a tribal STRIDE 
 32.2   program during state fiscal year 1997, the commissioner may 
 32.3   provide to the Indian tribe for the first year of operations the 
 32.4   amount determined by multiplying the state allocation for MFIP-S 
 32.5   employment and training services to each county agency in the 
 32.6   Indian tribe's service delivery area by the percentage of MFIP-S 
 32.7   recipients in that county who were members of the Indian tribe 
 32.8   during the previous state fiscal year.  The resulting amount 
 32.9   shall also be the amount that the commissioner may provide to 
 32.10  the Indian tribe annually thereafter through an agreement under 
 32.11  this subdivision, except that the amount provided for a fiscal 
 32.12  year may increase or decrease in the same proportion that the 
 32.13  total amount of state and federal funds available for MFIP-S 
 32.14  employment and training services increased or decreased that 
 32.15  fiscal year. 
 32.16     Subd. 4.  [COUNTY AGENCY REQUIREMENT.] Indian tribal 
 32.17  members receiving MFIP-S MFIP benefits and residing in the 
 32.18  service area of an Indian tribe operating employment and 
 32.19  training services under an agreement with the commissioner must 
 32.20  be referred by county agencies in the service area to the Indian 
 32.21  tribe for employment and training services. 
 32.22     Sec. 31.  Minnesota Statutes 2000, section 256K.03, 
 32.23  subdivision 5, is amended to read: 
 32.24     Subd. 5.  [EXEMPTION CATEGORIES.] (a) The applicant will be 
 32.25  exempt from the job search requirements and development of a job 
 32.26  search plan and an employability development plan under 
 32.27  subdivisions 3, 4, and 8 if the applicant belongs to any of the 
 32.28  following groups: 
 32.29     (1) individuals who are age 60 or older; 
 32.30     (2) individuals who are suffering from a professionally 
 32.31  certified permanent or temporary illness, injury, or incapacity 
 32.32  which is expected to continue for more than 30 days and which 
 32.33  prevents the person from obtaining or retaining employment.  
 32.34  Persons in this category with a temporary illness, injury, or 
 32.35  incapacity must be reevaluated at least quarterly; 
 32.36     (3) caregivers whose presence in the home is needed as a 
 33.1   caregiver because of the a professionally certified illness or 
 33.2   incapacity of another member in the assistance unit, a relative 
 33.3   in the household, or a foster child in the household; 
 33.4      (4) women who are pregnant, if the pregnancy has resulted 
 33.5   in a professionally certified incapacity that prevents the woman 
 33.6   from obtaining and retaining employment; 
 33.7      (5) caregivers of a child under the age of one year who 
 33.8   personally provide full-time care for the child.  This exemption 
 33.9   may be used for only 12 months in a lifetime.  In two-parent 
 33.10  households, only one parent or other relative may qualify for 
 33.11  this exemption; 
 33.12     (6) individuals who are single parents or one parent in a 
 33.13  two-parent family employed at least 35 hours per week; 
 33.14     (7) individuals experiencing a personal or family crisis 
 33.15  that makes them incapable of participating in the program, as 
 33.16  determined by the county agency.  If the participant does not 
 33.17  agree with the county agency's determination, the participant 
 33.18  may seek professional certification, as defined in section 
 33.19  256J.08, that the participant is incapable of participating in 
 33.20  the program.  Persons in this exemption category must be 
 33.21  reevaluated every 60 days; or 
 33.22     (8) (7) second parents in two-parent families employed for 
 33.23  20 or more hours per week provided the first parent is employed 
 33.24  at least 35 hours per week. 
 33.25     (b) A caregiver who is exempt under clause (5) must enroll 
 33.26  in and attend an early childhood and family education class, a 
 33.27  parenting class, or some similar activity, if available, during 
 33.28  the period of time the caregiver is exempt under this section.  
 33.29  Notwithstanding section 256J.46, failure to attend the required 
 33.30  activity shall not result in the imposition of a sanction. 
 33.31     Sec. 32.  [REVISOR INSTRUCTION.] 
 33.32     In the next edition of Minnesota Statutes and Minnesota 
 33.33  Rules, the revisor shall change all references to Minnesota 
 33.34  Family Investment Program-Statewide (MFIP-S) to Minnesota Family 
 33.35  Investment Program (MFIP).  
 33.36     Sec. 33.  [REPEALER.] 
 34.1      (a) Minnesota Statutes 2000, sections 256J.08, subdivision 
 34.2   50a; 256J.12, subdivision 3; and 256J.43, are repealed. 
 34.3      (b) Minnesota Statutes 2000, section 256J.49, subdivision 
 34.4   11, is repealed October 1, 2001.