SF 2918

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

  1.1                          A bill for an act 
  1.2             relating to welfare; imposing a moratorium on the 
  1.3             60-month time limit on MFIP assistance; expanding 
  1.4             hardship extensions; amending Minnesota Statutes 2001 
  1.5             Supplement, section 256J.425, subdivisions 3, 4, 5; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 256J. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [256J.4155] [MORATORIUMS.] 
  1.10     Subdivision 1.  [60-MONTH TIME LIMIT.] A moratorium is 
  1.11  imposed on the 60-month time limit for assistance under section 
  1.12  256J.42, subdivision 1. 
  1.13     Subd. 2.  [REVISION OF 60-MONTH NOTICES AND 
  1.14  INFORMATION.] All notices and information provided to 
  1.15  participants under this chapter related to the 60-month time 
  1.16  limit must include an explanation of the moratorium on the 
  1.17  60-month time limit under subdivision 1. 
  1.18     Subd. 3.  [EXPIRATION.] This section expires on June 30, 
  1.19  2005. 
  1.20     Sec. 2.  Minnesota Statutes 2001 Supplement, section 
  1.21  256J.425, subdivision 3, is amended to read: 
  1.22     Subd. 3.  [HARD-TO-EMPLOY PARTICIPANTS.] An assistance unit 
  1.23  subject to the time limit in section 256J.42, subdivision 1, in 
  1.24  which any participant has received 60 counted months of 
  1.25  assistance, is eligible to receive months of assistance under a 
  1.26  hardship extension if the participant belongs to any of the 
  2.1   following groups: 
  2.2      (1) a person who is diagnosed by a licensed physician, 
  2.3   psychological practitioner, or other qualified professional, as 
  2.4   mentally retarded or mentally ill, and that condition prevents 
  2.5   the person from obtaining or retaining unsubsidized employment; 
  2.6      (2) a person who: 
  2.7      (i) has been assessed by a vocational specialist or the 
  2.8   county agency to be unemployable for purposes of this 
  2.9   subdivision; or 
  2.10     (ii) has an IQ below 80 who has been assessed by a 
  2.11  vocational specialist or a county agency to be employable, but 
  2.12  not at a level that makes the participant eligible for an 
  2.13  extension under subdivision 4 or, in the case of a 
  2.14  non-English-speaking person for whom it is not possible to 
  2.15  provide a determination due to language barriers or absence of 
  2.16  culturally appropriate assessment tools, is determined by a 
  2.17  qualified professional to have an IQ below 80.  A person is 
  2.18  considered employable if positions of employment in the local 
  2.19  labor market exist, regardless of the current availability of 
  2.20  openings for those positions, that the person is capable of 
  2.21  performing; or 
  2.22     (3) a person who is determined by the county agency to be 
  2.23  learning disabled or, in the case of a non-English-speaking 
  2.24  person for whom it is not possible to provide a medical 
  2.25  diagnosis due to language barriers or absence of culturally 
  2.26  appropriate assessment tools, is determined by a qualified 
  2.27  professional to have a learning disability.  If a rehabilitation 
  2.28  plan for the person is developed or approved by the county 
  2.29  agency, the plan must be incorporated into the employment plan.  
  2.30  However, a rehabilitation plan does not replace the requirement 
  2.31  to develop and comply with an employment plan under section 
  2.32  256J.52.  For purposes of this section, "learning disabled" 
  2.33  means the applicant or recipient has a disorder in one or more 
  2.34  of the psychological processes involved in perceiving, 
  2.35  understanding, or using concepts through verbal language or 
  2.36  nonverbal means.  The disability must severely limit the 
  3.1   applicant or recipient in obtaining, performing, or maintaining 
  3.2   suitable employment.  Learning disabled does not include 
  3.3   learning problems that are primarily the result of visual, 
  3.4   hearing, or motor handicaps; mental retardation; emotional 
  3.5   disturbance; or due to environmental, cultural, or economic 
  3.6   disadvantage.; or 
  3.7      (4) a person who is a victim of family violence as defined 
  3.8   in section 256J.49, subdivision 2, and who is participating in 
  3.9   an alternative employment plan under section 256J.49, 
  3.10  subdivision 1a.  
  3.11     Sec. 3.  Minnesota Statutes 2001 Supplement, section 
  3.12  256J.425, subdivision 4, is amended to read: 
  3.13     Subd. 4.  [EMPLOYED PARTICIPANTS.] (a) An assistance unit 
  3.14  subject to the time limit under section 256J.42, subdivision 1, 
  3.15  in which any participant has received 60 months of assistance, 
  3.16  is eligible to receive assistance under a hardship extension if 
  3.17  the participant belongs to: 
  3.18     (1) a one-parent assistance unit in which the participant 
  3.19  is participating in work activities for at least 30 hours per 
  3.20  week, of which an average of at least 25 hours per week every 
  3.21  month are spent participating in employment; or 
  3.22     (2) a two-parent assistance unit in which the participants 
  3.23  are participating in work activities for at least 55 hours per 
  3.24  week, of which an average of at least 45 hours per week every 
  3.25  month are spent participating in employment.; or 
  3.26     (3) an assistance unit in which a participant is 
  3.27  participating in employment for fewer hours than those specified 
  3.28  in clause (1), provided the participant submits verification 
  3.29  from a health care provider, in a form acceptable to the 
  3.30  commissioner, stating that the number of hours the participant 
  3.31  may work is limited due to illness or disability, as long as the 
  3.32  participant is participating in employment for at least the 
  3.33  number of hours specified by the health care provider.  The 
  3.34  participant must be following the treatment recommendations of 
  3.35  the health care provider providing the verification.  The 
  3.36  commissioner shall develop a form to be completed and signed by 
  4.1   the health care provider, documenting the diagnosis and any 
  4.2   additional information necessary to document the functional 
  4.3   limitations of the participant that limit work hours.  If the 
  4.4   participant is part of a two-parent assistance unit, the other 
  4.5   parent must be treated as a one-parent assistance unit for 
  4.6   purposes of meeting the work requirements under this subdivision.
  4.7      For purposes of this section, employment means: 
  4.8      (1) unsubsidized employment under section 256J.49, 
  4.9   subdivision 13, clause (1); 
  4.10     (2) subsidized employment under section 256J.49, 
  4.11  subdivision 13, clause (2); 
  4.12     (3) on-the-job training under section 256J.49, subdivision 
  4.13  13, clause (4); 
  4.14     (4) an apprenticeship under section 256J.49, subdivision 
  4.15  13, clause (19); 
  4.16     (5) supported work.  For purposes of this section, 
  4.17  "supported work" means services supporting a participant on the 
  4.18  job which include, but are not limited to, supervision, job 
  4.19  coaching, and subsidized wages; 
  4.20     (6) a combination of (1) to (5); or 
  4.21     (7) child care under section 256J.49, subdivision 13, 
  4.22  clause (25), if it is in combination with paid employment. 
  4.23     (b) If a participant is complying with a child protection 
  4.24  plan under chapter 260C, the number of hours required under the 
  4.25  child protection plan count toward the number of hours required 
  4.26  under this subdivision.  
  4.27     (c) The county shall provide the opportunity for subsidized 
  4.28  employment to participants needing that type of employment 
  4.29  within available appropriations. 
  4.30     (d) To be eligible for a hardship extension for employed 
  4.31  participants under this subdivision, a participant in a 
  4.32  one-parent assistance unit or both parents in a two-parent 
  4.33  assistance unit must be in compliance for at least ten out of 
  4.34  the 12 months immediately preceding the participant's 61st month 
  4.35  on assistance.  If only one parent in a two-parent assistance 
  4.36  unit fails to be in compliance ten out of the 12 months 
  5.1   immediately preceding the participant's 61st month, the county 
  5.2   shall give the assistance unit the option of disqualifying the 
  5.3   noncompliant parent.  If the noncompliant participant is 
  5.4   disqualified, the assistance unit must be treated as a 
  5.5   one-parent assistance unit for the purposes of meeting the work 
  5.6   requirements under this subdivision and the assistance unit's 
  5.7   MFIP grant shall be calculated using the shared household 
  5.8   standard under section 256J.08, subdivision 82a. 
  5.9      (e) The employment plan developed under section 256J.52, 
  5.10  subdivision 5, for participants under this subdivision must 
  5.11  contain the number of hours specified in paragraph (a) related 
  5.12  to employment and work activities.  The job counselor and the 
  5.13  participant must sign the employment plan to indicate agreement 
  5.14  between the job counselor and the participant on the contents of 
  5.15  the plan. 
  5.16     (f) Participants who fail to meet the requirements in 
  5.17  paragraph (a), without good cause under section 256J.57, shall 
  5.18  be sanctioned or permanently disqualified under subdivision 6.  
  5.19  Good cause may only be granted for that portion of the month for 
  5.20  which the good cause reason applies.  Participants must meet all 
  5.21  remaining requirements in the approved employment plan or be 
  5.22  subject to sanction or permanent disqualification.  
  5.23     (g) If the noncompliance with an employment plan is due to 
  5.24  the involuntary loss of employment, the participant is exempt 
  5.25  from the hourly employment requirement under this subdivision 
  5.26  for one month.  Participants must meet all remaining 
  5.27  requirements in the approved employment plan or be subject to 
  5.28  sanction or permanent disqualification.  This exemption is 
  5.29  available to one-parent assistance units two times in a 12-month 
  5.30  period, and two-parent assistance units, two times per parent in 
  5.31  a 12-month period. 
  5.32     (h) This subdivision expires on June 30, 2004. 
  5.33     Sec. 4.  Minnesota Statutes 2001 Supplement, section 
  5.34  256J.425, subdivision 5, is amended to read: 
  5.35     Subd. 5.  [ACCRUAL OF CERTAIN EXEMPT MONTHS.] (a) A 
  5.36  participant who received TANF assistance that counted towards 
  6.1   the federal 60-month time limit while the participant was exempt 
  6.2   under section 256J.56, paragraph (a), clause (7), from 
  6.3   employment and training services requirements and who is no 
  6.4   longer eligible for assistance under a hardship extension under 
  6.5   subdivision 2, paragraph (a), clause (3), is eligible for 
  6.6   assistance under a hardship extension for a period of time equal 
  6.7   to the number of months that were counted toward the federal 
  6.8   60-month time limit while the participant was exempt under 
  6.9   section 256J.56, paragraph (a), clause (7), from the employment 
  6.10  and training services requirements. 
  6.11     (b) A participant who received TANF assistance that counted 
  6.12  towards the federal 60-month time limit while the participant 
  6.13  met the state time limit exemption criteria under section 
  6.14  256J.42, subdivision 4 or 5, is eligible for assistance under a 
  6.15  hardship extension for a period of time equal to the number of 
  6.16  months that were counted toward the federal 60-month time limit 
  6.17  while the participant met the state time limit exemption 
  6.18  criteria under section 256J.42, subdivision 5. 
  6.19     (c) A participant who received TANF assistance that counted 
  6.20  towards the federal 60-month time limit while the participant 
  6.21  was exempt under section 256J.56, paragraph (a), clause (3), 
  6.22  from employment and training services requirements, who 
  6.23  demonstrates at the time of the case review required under 
  6.24  section 256J.42, subdivision 6, that the participant met the 
  6.25  criteria for exemption from employment and training services 
  6.26  requirements listed under section 256J.56, paragraph (a), clause 
  6.27  (7), during one or more months the participant was exempt under 
  6.28  section 256J.56, paragraph (a), clause 3, before or after July 
  6.29  1, 2000, is eligible for assistance under a hardship extension 
  6.30  for a period of time equal to the number of months that were 
  6.31  counted toward the federal 60-month time limit during the time 
  6.32  the participant met the criteria of section 256J.56, paragraph 
  6.33  (a), clause (7).  At the time of the case review required under 
  6.34  section 256J.42, subdivision 6, a county agency or job counselor 
  6.35  must explain to the participant the basis for receiving a 
  6.36  hardship extension based on the accrual of exempt months.  The 
  7.1   participant must document the information necessary to enable 
  7.2   the county agency or job counselor to determine whether the 
  7.3   participant is eligible to receive a hardship extension based on 
  7.4   the accrual of exempt months or authorize the county agency to 
  7.5   verify the information.