SF 2631

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; modifying several 
  1.3             provisions related to the Minnesota family investment 
  1.4             program-statewide (MFIP-S); amending local service 
  1.5             unit plans; amending Minnesota Statutes 1996, section 
  1.6             268.88; Minnesota Statutes 1997 Supplement, sections 
  1.7             119B.01, subdivision 16; 256B.0635, by adding a 
  1.8             subdivision; 256J.31, by adding a subdivision; 
  1.9             256J.42, by adding a subdivision; 256J.45, subdivision 
  1.10            2; 256J.50, by adding a subdivision; 256J.515; and 
  1.11            256J.52, subdivisions 2, 3, 4, and by adding a 
  1.12            subdivision. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.15  119B.01, subdivision 16, is amended to read: 
  1.16     Subd. 16.  [TRANSITION YEAR FAMILIES.] "Transition year 
  1.17  families" means families who have received AFDC or were eligible 
  1.18  to receive AFDC after opting to discontinue receipt of the cash 
  1.19  portion of MFIP-S under section 256J.31, subdivision 12, for at 
  1.20  least three of the last six months before losing eligibility for 
  1.21  AFDC due to increased hours of employment, or increased income 
  1.22  from employment or child or spousal support, or the loss of 
  1.23  income disregards due to time limitations.  
  1.24     Sec. 2.  Minnesota Statutes 1997 Supplement, section 
  1.25  256B.0635, is amended by adding a subdivision to read: 
  1.26     Subd. 3.  [EXTENDED MEDICAL ASSISTANCE FOR MFIP-S 
  1.27  PARTICIPANTS WHO OPT TO DISCONTINUE MONTHLY CASH 
  1.28  ASSISTANCE.] Upon federal approval, medical assistance is 
  1.29  available to persons who received MFIP-S in at least three of 
  2.1   the six months preceding the month in which the person opted to 
  2.2   discontinue receiving MFIP-S cash assistance under section 
  2.3   256J.31, subdivision 12.  A person who is eligible for medical 
  2.4   assistance under this section may receive medical assistance 
  2.5   without reapplication as long as the person meets MFIP-S 
  2.6   eligibility requirements, unless the assistance unit does not 
  2.7   include a dependent child.  Medical assistance may be paid 
  2.8   pursuant to subdivisions 1 and 2 for persons who are no longer 
  2.9   eligible for MFIP-S due to increased employment or child support.
  2.10     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  2.11  256J.31, is amended by adding a subdivision to read: 
  2.12     Subd. 12.  [RIGHT TO DISCONTINUE MFIP-S.] A participant may 
  2.13  discontinue receipt of the cash assistance portion of MFIP-S and 
  2.14  retain eligibility for child care pursuant to sections 119B.01 
  2.15  and 119B.05 and medical assistance pursuant to sections 
  2.16  256B.055, subdivision 3a, and 256B.0635. 
  2.17     Sec. 4.  Minnesota Statutes 1997 Supplement, section 
  2.18  256J.42, is amended by adding a subdivision to read: 
  2.19     Subd. 6.  [FAMILIES WITH DISABLED MEMBERS.] Any cash 
  2.20  assistance received by an assistance unit does not count toward 
  2.21  the 60-month limit on assistance during a month in which a 
  2.22  caregiver qualifies for an exemption from MFIP-S work 
  2.23  requirements because both caregivers in a two-parent family or 
  2.24  the caregiver belongs to one of the following groups: 
  2.25     (1) individuals who are suffering from a professionally 
  2.26  certified permanent or temporary illness, injury, or incapacity 
  2.27  which is expected to continue for more than 30 days and which 
  2.28  prevents the person from obtaining or retaining employment; or 
  2.29     (2) caregivers whose presence in the home is required 
  2.30  because of the professionally certified illness or incapacity of 
  2.31  another member in the household, which is expected to last for 
  2.32  more than 30 days and the caregiver's presence replaces other 
  2.33  specialized care arrangements. 
  2.34     The assistance units that are exempt from the 60-month 
  2.35  lifetime limit under this subdivision are part of the 20 percent 
  2.36  hardship exemption allowed under the Personal Responsibility and 
  3.1   Work Opportunity Reconciliation Act of 1996. 
  3.2      Sec. 5.  Minnesota Statutes 1997 Supplement, section 
  3.3   256J.45, subdivision 2, is amended to read: 
  3.4      Subd. 2.  [GENERAL INFORMATION.] The MFIP-S orientation 
  3.5   must consist of a presentation that informs caregivers of: 
  3.6      (1) the necessity to obtain immediate employment; 
  3.7      (2) the work incentives under MFIP-S; 
  3.8      (3) the requirement to comply with the employment plan and 
  3.9   other requirements of the employment and training services 
  3.10  component of MFIP-S, including a description of the range of 
  3.11  work and training activities that are allowable under MFIP-S to 
  3.12  meet the individual needs of participants; 
  3.13     (4) the consequences for failing to comply with the 
  3.14  employment plan and other program requirements, and that the 
  3.15  county agency may not impose a sanction when failure to comply 
  3.16  is due to the unavailability of child care or other 
  3.17  circumstances where the participant has good cause under section 
  3.18  256J.57; 
  3.19     (5) the rights, responsibilities, and obligations of 
  3.20  participants; 
  3.21     (6) the types and locations of child care services 
  3.22  available through the county agency; 
  3.23     (7) the availability and the benefits of the early 
  3.24  childhood health and developmental screening under sections 
  3.25  123.701 to 123.74; 
  3.26     (8) the caregiver's eligibility for transition year child 
  3.27  care assistance under section 119B.05; 
  3.28     (9) the caregiver's eligibility for extended medical 
  3.29  assistance when the caregiver loses eligibility for MFIP-S due 
  3.30  to increased earnings or increased child or spousal support; and 
  3.31     (10) the caregiver's option to choose an employment and 
  3.32  training provider and information about each provider, including 
  3.33  but not limited to, services offered, program components, job 
  3.34  placement rates, job placement wages, and job retention rates; 
  3.35  and 
  3.36     (11) the caregiver's option to request approval of an 
  4.1   education and training plan pursuant to section 256J.52. 
  4.2      Sec. 6.  Minnesota Statutes 1997 Supplement, section 
  4.3   256J.50, is amended by adding a subdivision to read: 
  4.4      Subd. 10.  [COORDINATION.] The county agency and the county 
  4.5   agency's employment and training providers must consult and 
  4.6   coordinate with other providers to identify existing resources 
  4.7   to prevent duplication of services, assure that other program 
  4.8   services are available to enable participants to achieve 
  4.9   self-sufficiency, and assure that costs for these other services 
  4.10  for which participants have been eligible are not incurred by 
  4.11  MFIP-S.  At a minimum, the county agency and providers must 
  4.12  coordinate with JTPA providers and with any other relevant 
  4.13  employment, training, and education programs in the county.  A 
  4.14  person may be eligible for MinnesotaCare due to increased 
  4.15  employment or child support, and as such must be informed of the 
  4.16  option to transition onto MinnesotaCare. 
  4.17     Sec. 7.  Minnesota Statutes 1997 Supplement, section 
  4.18  256J.515, is amended to read: 
  4.19     256J.515 [OVERVIEW OF EMPLOYMENT AND TRAINING SERVICES.] 
  4.20     During the first meeting with participants, job counselors 
  4.21  must ensure that an overview of employment and training services 
  4.22  is provided that stresses the necessity and opportunity of 
  4.23  immediate employment, outlines the job search resources offered, 
  4.24  describes the range of work activities that are allowable under 
  4.25  MFIP-S to meet the individual needs of participants, explains 
  4.26  the requirements to comply with an employment plan and the 
  4.27  consequences for failing to comply, and explains the services 
  4.28  that are available to support job search and work. 
  4.29     Sec. 8.  Minnesota Statutes 1997 Supplement, section 
  4.30  256J.52, subdivision 2, is amended to read: 
  4.31     Subd. 2.  [INITIAL ASSESSMENT.] (a) The job counselor must, 
  4.32  with the cooperation of the participant, assess the 
  4.33  participant's ability to obtain and retain employment.  This 
  4.34  initial assessment must include a review of the participant's 
  4.35  education level, prior employment or work experience, 
  4.36  transferable work skills, and existing job markets.  The job 
  5.1   counselor must screen each participant's literacy and math 
  5.2   skills as part of an initial assessment.  If a participant lacks 
  5.3   basic math or literacy skills at or below an eighth grade level, 
  5.4   the participant must be allowed to enroll in basic education 
  5.5   activities as part of the participant's job search support plan 
  5.6   or employment plan.  A participant with low-level math and 
  5.7   literacy skills should not be categorically assumed to be 
  5.8   unemployable.  
  5.9      (b) In assessing the participant, the job counselor must 
  5.10  determine if the participant needs refresher courses for 
  5.11  professional certification or licensure, in which case, the job 
  5.12  search plan under subdivision 3 must include the courses 
  5.13  necessary to obtain the certification or licensure, in addition 
  5.14  to other work activities, provided the combination of the 
  5.15  courses and other work activities are at least for 40 hours per 
  5.16  week.  
  5.17     (c) If a participant can demonstrate to the satisfaction of 
  5.18  the county agency that lack of proficiency in English is a 
  5.19  barrier to obtaining suitable employment, the job counselor must 
  5.20  include participation in an intensive English as a second 
  5.21  language program if available or otherwise a regular English as 
  5.22  a second language program in the individual's employment plan 
  5.23  under subdivision 5.  Lack of proficiency in English is not 
  5.24  necessarily a barrier to employment.  
  5.25     (d) The job counselor may approve an education or training 
  5.26  plan, and postpone the job search requirement, if the 
  5.27  participant has a proposal for an education program which: 
  5.28     (1) can be completed within 12 months; 
  5.29     (2) meets the criteria of section 256J.53, subdivisions 2, 
  5.30  3, and 5; and 
  5.31     (3) is likely, without additional training, to lead to 
  5.32  monthly employment earnings which, after subtraction of the 
  5.33  earnings disregard under section 256J.21, equal or exceed the 
  5.34  family wage level for the participant's assistance unit. 
  5.35     (e) A participant who, at the time of the initial 
  5.36  assessment, presents a plan that includes farming as a 
  6.1   self-employed work activity must have an employment plan 
  6.2   developed under subdivision 5 that includes the farming as an 
  6.3   approved work activity. 
  6.4      Sec. 9.  Minnesota Statutes 1997 Supplement, section 
  6.5   256J.52, subdivision 3, is amended to read: 
  6.6      Subd. 3.  [JOB SEARCH; JOB SEARCH SUPPORT PLAN.] (a) If, 
  6.7   after the initial assessment, the job counselor determines that 
  6.8   the participant possesses sufficient skills that the participant 
  6.9   is likely to succeed in obtaining suitable employment, the 
  6.10  participant must conduct participate in the activities specified 
  6.11  in a job search plan for a period of up to eight weeks, for at 
  6.12  least 30 hours per week.  In single-parent families with no 
  6.13  children under six years of age, the caregiver must participate 
  6.14  in job search and other work activities for 20 to 35 hours per 
  6.15  week for the period January 1, 1998, to September 30, 1998; 25 
  6.16  to 35 hours per week in federal fiscal year 1999; and 35 hours 
  6.17  per week in federal fiscal year 2000 and thereafter.  In 
  6.18  single-parent families with a child under six years of age, the 
  6.19  caregiver must participate in job search and other work 
  6.20  activities for 20 to 35 hours per week.  In two-parent families, 
  6.21  the first caregiver must participate in job search and other 
  6.22  work activities for at least 35 hours per week and the second 
  6.23  parent must conduct job search for at least 20 hours per week.  
  6.24  The participant must accept any offer of suitable employment.  
  6.25  The job counselor and participant must develop a job search 
  6.26  support plan which specifies, at a minimum:  whether the job 
  6.27  search is to be supervised or unsupervised; the number of hours 
  6.28  of job search that will be required; other work activities as 
  6.29  defined in section 256J.49, subdivision 13; support services 
  6.30  that will be provided while the participant conducts job search 
  6.31  activities; the courses necessary to obtain certification or 
  6.32  licensure, if applicable, and after obtaining the license or 
  6.33  certificate, the client must comply with subdivision 5; and how 
  6.34  frequently the participant must report to the job counselor on 
  6.35  the status of the participant's job search activities. 
  6.36     (b) During the eight-week job search period, either the job 
  7.1   counselor or the participant may request a review of the 
  7.2   participant's job search plan and progress towards obtaining 
  7.3   suitable employment.  If a review is requested by the 
  7.4   participant, the job counselor must concur that the review is 
  7.5   appropriate for the participant at that time.  If a review is 
  7.6   conducted, the job counselor may make a determination to conduct 
  7.7   a secondary assessment prior to the conclusion of the job search.
  7.8      (c) Failure to conduct the required job search, to accept 
  7.9   any offer of suitable employment, to develop or comply with a 
  7.10  job search support plan, or voluntarily quitting suitable 
  7.11  employment without good cause results in the imposition of a 
  7.12  sanction under section 256J.46.  If at the end of eight weeks 
  7.13  the participant has not obtained suitable employment, the job 
  7.14  counselor must conduct a secondary assessment of the participant 
  7.15  under subdivision 3. 
  7.16     Sec. 10.  Minnesota Statutes 1997 Supplement, section 
  7.17  256J.52, subdivision 4, is amended to read: 
  7.18     Subd. 4.  [SECONDARY ASSESSMENT.] (a) The job counselor 
  7.19  must conduct a secondary assessment for those participants who: 
  7.20     (1) in the judgment of the job counselor, have barriers to 
  7.21  obtaining employment that will lead to monthly earnings which, 
  7.22  after subtraction of the earnings disregard under section 
  7.23  256J.21, will equal or exceed the family wage level for the 
  7.24  participant's assistance unit and those barriers will not be 
  7.25  overcome with a job search support plan under subdivision 3; 
  7.26     (2) have completed eight weeks of job search under 
  7.27  subdivision 3 without obtaining suitable employment; or 
  7.28     (3) have not received a secondary assessment, are working 
  7.29  at least 20 hours per week, and the participant, job counselor, 
  7.30  or county agency requests a secondary assessment. 
  7.31     (b) In the secondary assessment the job counselor must 
  7.32  evaluate the participant's skills and prior work experience, 
  7.33  family circumstances, interests and abilities, need for 
  7.34  preemployment activities, supportive or educational services, 
  7.35  and the extent of any barriers to employment.  The job counselor 
  7.36  must use the information gathered through the secondary 
  8.1   assessment to develop an employment plan under subdivision 5. 
  8.2      (c) The provider shall make available to participants 
  8.3   information regarding additional vendors or resources which 
  8.4   provide employment and training services that may be available 
  8.5   to the participant under a plan developed under this section.  
  8.6   The information must include a brief summary of services 
  8.7   provided and related performance indicators.  Performance 
  8.8   indicators must include, but are not limited to, the average 
  8.9   time to complete program offerings, placement rates, entry and 
  8.10  average wages, and retention rates.  To be included in the 
  8.11  information given to participants, a vendor or resource must 
  8.12  provide counties with relevant information in the format 
  8.13  required by the county. 
  8.14     Sec. 11.  Minnesota Statutes 1997 Supplement, section 
  8.15  256J.52, is amended by adding a subdivision to read: 
  8.16     Subd. 9.  [ADMINISTRATIVE SUPPORT FOR POSTEMPLOYMENT 
  8.17  EDUCATION AND TRAINING.] After a caregiver has been employed for 
  8.18  six consecutive months, or if the caregiver is working more than 
  8.19  20 hours per week, the caregiver's job counselor shall inform 
  8.20  the caregiver that the caregiver may request a secondary 
  8.21  assessment and shall provide information about: 
  8.22     (1) part-time education and training options available to 
  8.23  the caregiver; and 
  8.24     (2) child care and transportation resources available to 
  8.25  support postemployment education and training. 
  8.26     Sec. 12.  Minnesota Statutes 1996, section 268.88, is 
  8.27  amended to read: 
  8.28     268.88 [LOCAL SERVICE UNIT PLANS.] 
  8.29     (a) By April 15, 1991 1999, and by April 15 of each second 
  8.30  year thereafter, local service units shall prepare and submit to 
  8.31  the commissioner a plan that covers the next two state fiscal 
  8.32  years.  At least 30 days prior to submission of the plan, the 
  8.33  local service unit shall solicit comments from the public on the 
  8.34  contents of the proposed plan.  The commissioner shall notify 
  8.35  each local service unit within 60 days of receipt of its plan 
  8.36  that the plan has been approved or disapproved.  The plan must 
  9.1   include: 
  9.2      (1) a statement of objectives for the employment and 
  9.3   training services the local service unit administers; 
  9.4      (2) the establishment of job placement and job retention 
  9.5   goals, the establishment of public assistance caseload reduction 
  9.6   goals, and the strategies and programs that will be used to 
  9.7   achieve these goals; 
  9.8      (3) a statement of whether the goals from the preceding 
  9.9   year were met and an explanation if the local service unit 
  9.10  failed to meet the goals; 
  9.11     (4) the amount proposed to be allocated to each employment 
  9.12  and training service; 
  9.13     (5) the proposed types of employment and training services 
  9.14  the local service unit plans to utilize; 
  9.15     (6) a description of how the local service unit will use 
  9.16  funds provided under (1) section 256.736 to meet the 
  9.17  requirements of that section.  The description must include the 
  9.18  two work programs required by section 256.736, subdivision 10, 
  9.19  paragraph (a), clause (13), what services will be provided, 
  9.20  number of clients served, per service expenditures, type of 
  9.21  clients served, and projected outcomes and other data as 
  9.22  determined by the commissioner; and (2) requirements of that 
  9.23  chapter.  The description must include what services will be 
  9.24  provided, per service expenditures, how many employment and 
  9.25  training slots the local service unit will provide, how slots 
  9.26  will be allocated between providers, how many dollars the local 
  9.27  service unit will provide per slot per provider, how many 
  9.28  participants per slot, the ratio of participants per job 
  9.29  counselor, and an accounting of proposed uses for any residual 
  9.30  funds not included in slot allocations to providers; 
  9.31     (7) a report on the use of wage subsidies, grant 
  9.32  diversions, community investment programs, and other services 
  9.33  administered under this chapter; 
  9.34     (8) a performance review of the employment and training 
  9.35  service providers delivering employment and training services 
  9.36  for the local service unit; 
 10.1      (9) a copy of any contract between the local service unit 
 10.2   and an employment and training service provider including 
 10.3   expected outcomes and service levels for public assistance 
 10.4   clients; and 
 10.5      (10) a copy of any other agreements between educational 
 10.6   institutions, family support services, and child care providers; 
 10.7   and 
 10.8      (11) a description of how the local service unit ensures 
 10.9   compliance with section 256J.06, requiring community involvement 
 10.10  in the administration of MFIP-S. 
 10.11     (b) In counties with a city of the first class, the county 
 10.12  and the city shall develop and submit a joint plan.  The plan 
 10.13  may not be submitted until agreed to by both the city and the 
 10.14  county.  The plan must provide for the direct allocation of 
 10.15  employment and training money to the city and the county unless 
 10.16  waived by either.  If the county and the city cannot concur on a 
 10.17  plan, the commissioner shall resolve their dispute.  In counties 
 10.18  in which a federally recognized Indian tribe is operating an 
 10.19  employment and training program under an agreement with the 
 10.20  commissioner of human services, the plan must provide that the 
 10.21  county will coordinate its employment and training programs, 
 10.22  including developing a system for referrals, sanctions, and the 
 10.23  provision of supporting services such as access to child care 
 10.24  funds and transportation with programs operated by the Indian 
 10.25  tribe.  The plan may not be given final approval by the 
 10.26  commissioner until the tribal unit and county have submitted 
 10.27  written agreement on these provisions in the plan.  If the 
 10.28  county and Indian tribe cannot agree on these provisions, the 
 10.29  local service unit shall notify the commissioner of economic 
 10.30  security and the commissioners of economic security and human 
 10.31  services shall resolve the dispute.  
 10.32     (c) The commissioner may withhold the distribution of 
 10.33  employment and training money from a local service unit that 
 10.34  does not submit a plan to the commissioner by the date set by 
 10.35  this section, and shall withhold the distribution of employment 
 10.36  and training money from a local service unit whose plan has been 
 11.1   disapproved by the commissioner until an acceptable amended plan 
 11.2   has been submitted.  
 11.3      (d) Beginning April 15, 1992, and by April 15 of each 
 11.4   second year thereafter, local service units must prepare and 
 11.5   submit to the commissioner an interim year plan update that 
 11.6   deals with performance in that state fiscal year and changes 
 11.7   anticipated for the second year of the biennium.  The update 
 11.8   must include information about employment and training programs 
 11.9   addressed in the local service unit's two-year plan and shall be 
 11.10  completed in accordance with criteria established by the 
 11.11  commissioner. 
 11.12     Sec. 13.  [SCREENING AND REFERRAL GUIDELINES FOR 
 11.13  PARTICIPANTS WITH DRUG AND ALCOHOL PROBLEMS.] 
 11.14     The commissioner of human services shall develop guidelines 
 11.15  for county agencies and their contractors to identify 
 11.16  participants who have alcohol or drug problems that require 
 11.17  treatment.  The guidelines must provide for: 
 11.18     (1) the use of simplified written and verbal screening 
 11.19  tools as part of the intake process; 
 11.20     (2) referral for clinical assessment and appropriate 
 11.21  treatment, if needed; and 
 11.22     (3) training for caseworkers to administer the screening 
 11.23  protocols and refer participants to services. 
 11.24     Sec. 14.  [STUDY; MFIP-S EXIT LEVEL; ELIMINATION OF SHELTER 
 11.25  EXPENSE DEDUCTION.] 
 11.26     The commissioner shall consider recommending to the 1999 
 11.27  legislature: 
 11.28     (1) adjustments to the MFIP-S earned income disregard, 
 11.29  family wage level, or transitional standard, which will ensure 
 11.30  that participants do not lose eligibility for MFIP-S until their 
 11.31  income reaches at least 120 percent of the 1999 federal poverty 
 11.32  level; and 
 11.33     (2) proposals responding to the effect of the elimination 
 11.34  of the food stamp shelter expense deduction on food spending and 
 11.35  food sufficiency of MFIP-S families paying greater than 50 
 11.36  percent of their income toward housing costs.  The 
 12.1   commissioner's recommendations should include information on the 
 12.2   number of families losing greater than 20 percent of their food 
 12.3   benefits, the number losing between ten percent and 20 percent 
 12.4   and the number losing zero percent to ten percent, and the 
 12.5   characteristics of families receiving less food assistance under 
 12.6   MFIP-S.