as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to children; clarifying certain terms and 1.3 applicability of certain programs; providing for 1.4 review of certain orders by the commissioner of 1.5 children, families, and learning; providing for costs 1.6 of certain programs; appropriating money; amending 1.7 Minnesota Statutes 1996, section 256.045, subdivision 1.8 6, and by adding a subdivision; Minnesota Statutes 1.9 1997 Supplement, sections 119B.01, subdivision 16; 1.10 119B.10, subdivision 1; and 256.045, subdivision 7. 1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.12 Section 1. Minnesota Statutes 1997 Supplement, section 1.13 119B.01, subdivision 16, is amended to read: 1.14 Subd. 16. [TRANSITION YEAR FAMILIES.] "Transition year 1.15 families" means families who have received AFDC for at least 1.16 three of the last six months before losing eligibility for AFDC 1.17 due to increased hours of employment, increased income from 1.18 employment or child or spousal support, or the loss of income 1.19 disregards due to time limitations. Transition year child care 1.20 may be used to support employment or job search. 1.21 Sec. 2. Minnesota Statutes 1997 Supplement, section 1.22 119B.10, subdivision 1, is amended to read: 1.23 Subdivision 1. [ASSISTANCE FOR PERSONS SEEKING AND 1.24 RETAINING EMPLOYMENT.] (a) Persons who are seeking employment 1.25 and who are eligible for assistance under this section are 1.26 eligible to receive up to 240 hours of child care assistance per 1.27 calendar year. 1.28 (b) Employed persons who work at least an average of 20 and 2.1 full-time students who work at least an average of ten hours a 2.2 week and receive at least a minimum wage for all hours worked 2.3 are eligible for continued child care assistance for 2.4 employment. Child care assistance during employment must be 2.5 authorized as provided in paragraphs (c) and (d). 2.6 (c) When the caregiver works for an hourly wage and the 2.7 hourly wage is equal to or greater than the applicable minimum 2.8 wage, child care assistance shall be provided for the actual 2.9 hours of employment, break, and mealtime during the employment 2.10 and travel time up to two hours per day. 2.11 (d) When the caregiver does not work for an hourly wage, 2.12 child care assistance must be provided for the lesser of: 2.13 (1) the amount of child care determined by dividing gross 2.14 earned income by the applicable minimum wage, up to one hour 2.15 every eight hours for meals and break time, plus up to two hours 2.16 per day for travel time; or 2.17 (2) the amount of child care equal to the actual amount of 2.18 child care used during employment, including break and mealtime 2.19 during employment, and travel time up to two hours per day. 2.20 Sec. 3. Minnesota Statutes 1996, section 256.045, is 2.21 amended by adding a subdivision to read: 2.22 Subd. 3c. [FINAL ORDER IN HEARING UNDER SECTION 119B.16.] 2.23 The state human services referee shall recommend an order to the 2.24 commissioner of children, families, and learning in an appeal 2.25 under section 119B.16. The commissioner shall affirm, reverse, 2.26 or modify the order. An order issued under this subdivision is 2.27 conclusive on the parties unless an appeal is taken under 2.28 subdivision 7. 2.29 Sec. 4. Minnesota Statutes 1996, section 256.045, 2.30 subdivision 6, is amended to read: 2.31 Subd. 6. [ADDITIONAL POWERS OF THE COMMISSIONER; 2.32 SUBPOENAS.] (a) The commissioner of human services, or the 2.33 commissioner of health for matters within the commissioner's 2.34 jurisdiction under subdivision 3b, or the commissioner of 2.35 children, families, and learning for matters within the 2.36 commissioner's jurisdiction under subdivision 3, may initiate a 3.1 review of any action or decision of a county agency and direct 3.2 that the matter be presented to a state human services referee 3.3 for a hearing held under subdivision 3, 3a, 3b, or 4a. In all 3.4 matters dealing with human services committed by law to the 3.5 discretion of the county agency, the commissioner's judgment may 3.6 be substituted for that of the county agency. The commissioner 3.7 may order an independent examination when appropriate. 3.8 (b) Any party to a hearing held pursuant to subdivision 3, 3.9 3a, 3b, or 4a may request that the commissioner issue a subpoena 3.10 to compel the attendance of witnesses at the hearing. The 3.11 issuance, service, and enforcement of subpoenas under this 3.12 subdivision is governed by section 357.22 and the Minnesota 3.13 Rules of Civil Procedure. 3.14 (c) The commissioner may issue a temporary order staying a 3.15 proposed demission by a residential facility licensed under 3.16 chapter 245A while an appeal by a recipient under subdivision 3 3.17 is pending or for the period of time necessary for the county 3.18 agency to implement the commissioner's order. 3.19 Sec. 5. Minnesota Statutes 1997 Supplement, section 3.20 256.045, subdivision 7, is amended to read: 3.21 Subd. 7. [JUDICIAL REVIEW.] Except for a prepaid health 3.22 plan, any party who is aggrieved by an order of the commissioner 3.23 of human services,
orthe commissioner of health in appeals 3.24 within the commissioner's jurisdiction under subdivision 3b, or 3.25 the commissioner of children, families, and learning in appeals 3.26 within the commissioner's jurisdiction under subdivision 3, may 3.27 appeal the order to the district court of the county responsible 3.28 for furnishing assistance, or, in appeals under subdivision 3b, 3.29 the county where the maltreatment occurred, by serving a written 3.30 copy of a notice of appeal upon the commissioner and any adverse 3.31 party of record within 30 days after the date the commissioner 3.32 issued the order, the amended order, or order affirming the 3.33 original order, and by filing the original notice and proof of 3.34 service with the court administrator of the district court. 3.35 Service may be made personally or by mail; service by mail is 3.36 complete upon mailing; no filing fee shall be required by the 4.1 court administrator in appeals taken pursuant to this 4.2 subdivision, with the exception of appeals taken under 4.3 subdivision 3b. The commissioner may elect to become a party to 4.4 the proceedings in the district court. Except for appeals under 4.5 subdivision 3b, any party may demand that the commissioner 4.6 furnish all parties to the proceedings with a copy of the 4.7 decision, and a transcript of any testimony, evidence, or other 4.8 supporting papers from the hearing held before the human 4.9 services referee, by serving a written demand upon the 4.10 commissioner within 30 days after service of the notice of 4.11 appeal. Any party aggrieved by the failure of an adverse party 4.12 to obey an order issued by the commissioner under subdivision 5 4.13 may compel performance according to the order in the manner 4.14 prescribed in sections 586.01 to 586.12. 4.15 Sec. 6. [APPROPRIATION; ADMINISTRATION OF ABUSED CHILDREN 4.16 PROGRAMS.] 4.17 Of the amount appropriated under Laws 1997, chapter 162, 4.18 article 2, section 31, subdivision 8, up to $134,000 for fiscal 4.19 year 1998 and up to $134,000 for fiscal year 1999 may be used 4.20 for state costs to administer abused children programs under 4.21 Minnesota Statutes, sections 119A.20 to 119A.23. 4.22 Sec. 7. [APPROPRIATION; ADMINISTRATION OF DRUG POLICY AND 4.23 VIOLENCE PREVENTION PROGRAMS.] 4.24 Of the amount appropriated under Laws 1997, chapter 162, 4.25 article 2, section 31, subdivision 9, up to $305,000 for fiscal 4.26 year 1998 and up to $305,000 for fiscal year 1999 may be used 4.27 for state costs to administer drug policy and violence 4.28 prevention programs under Minnesota Statutes, sections 119A.25 4.29 to 119A.29 and 119A.32 to 119A.34. 4.30 Sec. 8. [APPROPRIATION; ADMINISTRATION OF THE CHILDREN'S 4.31 TRUST FUND.] 4.32 Of the amount appropriated under Laws 1997, chapter 162, 4.33 article 2, section 31, subdivision 10, up to $22,000 for fiscal 4.34 year 1998 and up to $22,000 for fiscal year 1999 may be used for 4.35 state costs to administer the children's trust fund under 4.36 Minnesota Statutes, sections 119A.10 to 119A.17. 5.1 Of the amount in the special revenue account from fees 5.2 under Minnesota Statutes, section 144.226, subdivision 3, up to 5.3 $120,000 for fiscal year 1998 and $120,000 for fiscal year 1999 5.4 may be used for operating costs of the children's trust fund.