SF 2920

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; eliminating sanctions in 
  1.3             the Minnesota family investment program; amending 
  1.4             Minnesota Statutes 1998, sections 256.741, subdivision 
  1.5             8; 256J.01, subdivision 5; 256J.30, subdivision 10; 
  1.6             256J.39, subdivision 2; 256J.40; 256J.55, subdivision 
  1.7             1; and 256K.03, subdivision 5; Minnesota Statutes 1999 
  1.8             Supplement, sections 256J.26, subdivision 1; 256J.45, 
  1.9             subdivisions 1 and 2; 256J.48, subdivision 2; 
  1.10            256J.515; 256J.52, subdivisions 3 and 4; and 256J.56; 
  1.11            repealing Minnesota Statutes 1998, sections 256J.45, 
  1.12            subdivision 3; 256J.46, subdivision 1a; and 256J.57, 
  1.13            subdivision 2; Minnesota Statutes 1999 Supplement, 
  1.14            sections 256J.08, subdivision 82; 256J.46, 
  1.15            subdivisions 1, 2, and 2a; and 256J.57, subdivision 1. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 1998, section 256.741, 
  1.18  subdivision 8, is amended to read: 
  1.19     Subd. 8.  [REFUSAL TO COOPERATE WITH SUPPORT REQUIREMENTS.] 
  1.20  (a) Failure by a caregiver to satisfy any of the requirements of 
  1.21  subdivision 5 constitutes refusal to cooperate, and the 
  1.22  sanctions under paragraph (b) apply.  The IV-D agency must 
  1.23  determine whether a caregiver has refused to cooperate according 
  1.24  to subdivision 5. 
  1.25     (b) Determination by the IV-D agency that a caregiver has 
  1.26  refused to cooperate has the following effects: 
  1.27     (1) a caregiver is subject to the applicable sanctions 
  1.28  under section 256J.46; 
  1.29     (2) a caregiver who is not a parent of a minor child in an 
  1.30  assistance unit may choose to remove the child from the 
  2.1   assistance unit unless the child is required to be in the 
  2.2   assistance unit; 
  2.3      (3) (2) a parental caregiver who refuses to cooperate is 
  2.4   ineligible for medical assistance; and 
  2.5      (4) (3) direct support retained by a caregiver must be 
  2.6   counted as unearned income when determining the amount of the 
  2.7   assistance payment. 
  2.8      Sec. 2.  Minnesota Statutes 1998, section 256J.01, 
  2.9   subdivision 5, is amended to read: 
  2.10     Subd. 5.  [COMPLIANCE SYSTEM.] The commissioner shall 
  2.11  administer a compliance system for the state's temporary 
  2.12  assistance for needy families (TANF) program, the food stamp 
  2.13  program, emergency assistance, general assistance, medical 
  2.14  assistance, general assistance medical care, emergency general 
  2.15  assistance, Minnesota supplemental aid, preadmission screening, 
  2.16  child support program, and alternative care grants under the 
  2.17  powers and authorities named in section 256.01, subdivision 2.  
  2.18  The purpose of the compliance system is to permit the 
  2.19  commissioner to supervise the administration of public 
  2.20  assistance programs and to enforce timely and accurate 
  2.21  distribution of benefits, completeness of service and efficient 
  2.22  and effective program management and operations, to increase 
  2.23  uniformity and consistency in the administration and delivery of 
  2.24  public assistance programs throughout the state, and to reduce 
  2.25  the possibility of sanction and fiscal disallowances for 
  2.26  noncompliance with federal regulations and state statutes. 
  2.27     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  2.28  256J.26, subdivision 1, is amended to read: 
  2.29     Subdivision 1.  [PERSON CONVICTED OF DRUG OFFENSES.] (a) 
  2.30  Applicants or participants who have been convicted of a drug 
  2.31  offense committed after July 1, 1997, may, if otherwise 
  2.32  eligible, receive MFIP benefits subject to the following 
  2.33  conditions: 
  2.34     (1) Benefits for the entire assistance unit must be paid in 
  2.35  vendor form for shelter and utilities during any time the 
  2.36  applicant is part of the assistance unit. 
  3.1      (2) The convicted applicant or participant shall be subject 
  3.2   to random drug testing as a condition of continued eligibility 
  3.3   and following any positive test for an illegal controlled 
  3.4   substance is subject to the following sanctions: 
  3.5      (i) for failing a drug test the first time, the 
  3.6   participant's grant shall be reduced by ten percent of the MFIP 
  3.7   standard of need, prior to making vendor payments for shelter 
  3.8   and utility costs; or 
  3.9      (ii) for failing a drug test two or more times, the 
  3.10  residual amount of the participant's grant after making vendor 
  3.11  payments for shelter and utility costs, if any, must be reduced 
  3.12  by an amount equal to 30 percent of the MFIP standard of need. 
  3.13     (3) A participant who fails an initial drug test and is 
  3.14  under a sanction due to other MFIP program requirements is 
  3.15  subject to the sanction in clause (2)(ii). 
  3.16     (b) Applicants requesting only food stamps or participants 
  3.17  receiving only food stamps, who have been convicted of a drug 
  3.18  offense that occurred after July 1, 1997, may, if otherwise 
  3.19  eligible, receive food stamps if the convicted applicant or 
  3.20  participant is subject to random drug testing as a condition of 
  3.21  continued eligibility.  Following a positive test for an illegal 
  3.22  controlled substance, the applicant is subject to the following 
  3.23  sanctions: 
  3.24     (1) for failing a drug test the first time, food stamps 
  3.25  shall be reduced by ten percent of the applicable food stamp 
  3.26  allotment; and 
  3.27     (2) for failing a drug test two or more times, food stamps 
  3.28  shall be reduced by an amount equal to 30 percent of the 
  3.29  applicable food stamp allotment.  
  3.30     (c) For the purposes of this subdivision, "drug offense" 
  3.31  means an offense that occurred after July 1, 1997, of sections 
  3.32  152.021 to 152.025, 152.0261, or 152.096.  Drug offense also 
  3.33  means a conviction in another jurisdiction of the possession, 
  3.34  use, or distribution of a controlled substance, or conspiracy to 
  3.35  commit any of these offenses, if the offense occurred after July 
  3.36  1, 1997, and the conviction is a felony offense in that 
  4.1   jurisdiction, or in the case of New Jersey, a high misdemeanor. 
  4.2      Sec. 4.  Minnesota Statutes 1998, section 256J.30, 
  4.3   subdivision 10, is amended to read: 
  4.4      Subd. 10.  [COOPERATION WITH HEALTH CARE BENEFITS.] (a) The 
  4.5   caregiver of a minor child must cooperate with the county agency 
  4.6   to identify and provide information to assist the county agency 
  4.7   in pursuing third-party liability for medical services. 
  4.8      (b) A caregiver must assign to the department any rights to 
  4.9   health insurance policy benefits the caregiver has during the 
  4.10  period of MFIP-S eligibility. 
  4.11     (c) A caregiver must identify any third party who may be 
  4.12  liable for care and services available under the medical 
  4.13  assistance program on behalf of the applicant or participant and 
  4.14  all other assistance unit members. 
  4.15     (d) When a participant refuses to identify any third party 
  4.16  who may be liable for care and services, the recipient must be 
  4.17  sanctioned as provided in section 256J.46, subdivision 1.  The 
  4.18  recipient is also ineligible for medical assistance until the 
  4.19  recipient cooperates with the requirements of this subdivision. 
  4.20     Sec. 5.  Minnesota Statutes 1998, section 256J.39, 
  4.21  subdivision 2, is amended to read: 
  4.22     Subd. 2.  [PROTECTIVE AND VENDOR PAYMENTS.] Alternatives to 
  4.23  paying assistance directly to a participant may be used when: 
  4.24     (1) a county agency determines that a vendor payment is the 
  4.25  most effective way to resolve an emergency situation pertaining 
  4.26  to basic needs; 
  4.27     (2) a caregiver makes a written request to the county 
  4.28  agency asking that part or all of the assistance payment be 
  4.29  issued by protective or vendor payments for shelter and utility 
  4.30  service only.  The caregiver may withdraw this request in 
  4.31  writing at any time; 
  4.32     (3) the vendor payment is part of a sanction under section 
  4.33  256J.46; 
  4.34     (4) (3) the vendor payment is required under section 
  4.35  256J.24, subdivision 8, 256J.26, or 256J.43; 
  4.36     (5) (4) protective payments are required for minor parents 
  5.1   under section 256J.14; or 
  5.2      (6) (5) a caregiver has exhibited a continuing pattern of 
  5.3   mismanaging funds as determined by the county agency. 
  5.4      The director of a county agency must approve a proposal for 
  5.5   protective or vendor payment for money mismanagement when there 
  5.6   is a pattern of mismanagement under clause (6) (5).  During the 
  5.7   time a protective or vendor payment is being made, the county 
  5.8   agency must provide services designed to alleviate the causes of 
  5.9   the mismanagement. 
  5.10     The continuing need for and method of payment must be 
  5.11  documented and reviewed every 12 months.  The director of a 
  5.12  county agency must approve the continuation of protective or 
  5.13  vendor payments.  When it appears that the need for protective 
  5.14  or vendor payments will continue or is likely to continue beyond 
  5.15  two years because the county agency's efforts have not resulted 
  5.16  in sufficiently improved use of assistance on behalf of the 
  5.17  minor child, judicial appointment of a legal guardian or other 
  5.18  legal representative must be sought by the county agency.  
  5.19     Sec. 6.  Minnesota Statutes 1998, section 256J.40, is 
  5.20  amended to read: 
  5.21     256J.40 [FAIR HEARINGS.] 
  5.22     Caregivers receiving a notice of intent to sanction or a 
  5.23  notice of adverse action that includes a sanction, reduction in 
  5.24  benefits, suspension of benefits, denial of benefits, or 
  5.25  termination of benefits may request a fair hearing.  A request 
  5.26  for a fair hearing must be submitted in writing to the county 
  5.27  agency or to the commissioner and must be mailed within 30 days 
  5.28  after a participant or former participant receives written 
  5.29  notice of the agency's action or within 90 days when a 
  5.30  participant or former participant shows good cause for not 
  5.31  submitting the request within 30 days.  A former participant who 
  5.32  receives a notice of adverse action due to an overpayment may 
  5.33  appeal the adverse action according to the requirements in this 
  5.34  section.  Issues that may be appealed are: 
  5.35     (1) the amount of the assistance payment; 
  5.36     (2) a suspension, reduction, denial, or termination of 
  6.1   assistance; 
  6.2      (3) the basis for an overpayment, the calculated amount of 
  6.3   an overpayment, and the level of recoupment; 
  6.4      (4) the eligibility for an assistance payment; and 
  6.5      (5) the use of protective or vendor payments under section 
  6.6   256J.39, subdivision 2, clauses (1) to (3) and (2). 
  6.7      A county agency must not reduce, suspend, or terminate 
  6.8   payment when an aggrieved participant requests a fair hearing 
  6.9   prior to the effective date of the adverse action or within ten 
  6.10  days of the mailing of the notice of adverse action, whichever 
  6.11  is later, unless the participant requests in writing not to 
  6.12  receive continued assistance pending a hearing decision.  
  6.13  Assistance issued pending a fair hearing is subject to recovery 
  6.14  under section 256J.38 when as a result of the fair hearing 
  6.15  decision the participant is determined ineligible for assistance 
  6.16  or the amount of the assistance received.  A county agency may 
  6.17  increase or reduce an assistance payment while an appeal is 
  6.18  pending when the circumstances of the participant change and are 
  6.19  not related to the issue on appeal.  The commissioner's order is 
  6.20  binding on a county agency.  No additional notice is required to 
  6.21  enforce the commissioner's order. 
  6.22     A county agency shall reimburse appellants for reasonable 
  6.23  and necessary expenses of attendance at the hearing, such as 
  6.24  child care and transportation costs and for the transportation 
  6.25  expenses of the appellant's witnesses and representatives to and 
  6.26  from the hearing.  Reasonable and necessary expenses do not 
  6.27  include legal fees.  Fair hearings must be conducted at a 
  6.28  reasonable time and date by an impartial referee employed by the 
  6.29  department.  The hearing may be conducted by telephone or at a 
  6.30  site that is readily accessible to persons with disabilities. 
  6.31     The appellant may introduce new or additional evidence 
  6.32  relevant to the issues on appeal.  Recommendations of the 
  6.33  appeals referee and decisions of the commissioner must be based 
  6.34  on evidence in the hearing record and are not limited to a 
  6.35  review of the county agency action.  
  6.36     Sec. 7.  Minnesota Statutes 1999 Supplement, section 
  7.1   256J.45, subdivision 1, is amended to read: 
  7.2      Subdivision 1.  [COUNTY AGENCY TO PROVIDE ORIENTATION.] A 
  7.3   county agency must provide each MFIP caregiver who is not exempt 
  7.4   under section 256J.56, paragraph (a), clause (6) or (8), with a 
  7.5   face-to-face orientation.  The county agency must inform 
  7.6   caregivers who are not exempt under section 256J.56, paragraph 
  7.7   (a), clause (6) or (8), that failure to attend the orientation 
  7.8   is considered an occurrence of noncompliance with program 
  7.9   requirements, and will result in the imposition of a sanction 
  7.10  under section 256J.46.  If the client complies with the 
  7.11  orientation requirement prior to the first day of the month in 
  7.12  which the grant reduction is proposed to occur, the orientation 
  7.13  sanction shall be lifted.  
  7.14     Sec. 8.  Minnesota Statutes 1999 Supplement, section 
  7.15  256J.45, subdivision 2, is amended to read: 
  7.16     Subd. 2.  [GENERAL INFORMATION.] The MFIP-S orientation 
  7.17  must consist of a presentation that informs caregivers of: 
  7.18     (1) the necessity to obtain immediate employment; 
  7.19     (2) the work incentives under MFIP-S; 
  7.20     (3) the requirement to comply with the employment plan and 
  7.21  other requirements of the employment and training services 
  7.22  component of MFIP-S, including a description of the range of 
  7.23  work and training activities that are allowable under MFIP-S to 
  7.24  meet the individual needs of participants; 
  7.25     (4) the consequences for failing to comply with the 
  7.26  employment plan and other program requirements, and that the 
  7.27  county agency may not impose a sanction when failure to comply 
  7.28  is due to the unavailability of child care or other 
  7.29  circumstances where the participant has good cause under 
  7.30  subdivision 3; 
  7.31     (5) the rights, responsibilities, and obligations of 
  7.32  participants; 
  7.33     (6) (5) the types and locations of child care services 
  7.34  available through the county agency; 
  7.35     (7) (6) the availability and the benefits of the early 
  7.36  childhood health and developmental screening under sections 
  8.1   121A.16 to 121A.19; 123B.02, subdivision 16; and 123B.10; 
  8.2      (8) (7) the caregiver's eligibility for transition year 
  8.3   child care assistance under section 119B.05; 
  8.4      (9) (8) the caregiver's eligibility for extended medical 
  8.5   assistance when the caregiver loses eligibility for MFIP-S due 
  8.6   to increased earnings or increased child or spousal support; 
  8.7      (10) (9) the caregiver's option to choose an employment and 
  8.8   training provider and information about each provider, including 
  8.9   but not limited to, services offered, program components, job 
  8.10  placement rates, job placement wages, and job retention rates; 
  8.11     (11) (10) the caregiver's option to request approval of an 
  8.12  education and training plan according to section 256J.52; and 
  8.13     (12) (11) the work study programs available under the 
  8.14  higher education system. 
  8.15     Sec. 9.  Minnesota Statutes 1999 Supplement, section 
  8.16  256J.48, subdivision 2, is amended to read: 
  8.17     Subd. 2.  [ELIGIBILITY.] Notwithstanding other eligibility 
  8.18  provisions of this chapter, any family without resources 
  8.19  immediately available to meet emergency needs identified in 
  8.20  subdivision 3 shall be eligible for an emergency grant under the 
  8.21  following conditions: 
  8.22     (1) a family member has resided in this state for at least 
  8.23  30 days; 
  8.24     (2) the family is without resources immediately available 
  8.25  to meet emergency needs; 
  8.26     (3) assistance is necessary to avoid destitution or provide 
  8.27  emergency shelter arrangements; 
  8.28     (4) the family's destitution or need for shelter or 
  8.29  utilities did not arise because the assistance unit is under 
  8.30  sanction, the caregiver is disqualified, or the child or 
  8.31  relative caregiver refused without good cause under section 
  8.32  256J.57 to accept employment or training for employment in this 
  8.33  state or another state; and 
  8.34     (5) at least one child or pregnant woman in the emergency 
  8.35  assistance unit meets MFIP citizenship requirements in section 
  8.36  256J.11. 
  9.1      Sec. 10.  Minnesota Statutes 1999 Supplement, section 
  9.2   256J.515, is amended to read: 
  9.3      256J.515 [OVERVIEW OF EMPLOYMENT AND TRAINING SERVICES.] 
  9.4      During the first meeting with participants, job counselors 
  9.5   must ensure that an overview of employment and training services 
  9.6   is provided that: 
  9.7      (1) stresses the necessity and opportunity of immediate 
  9.8   employment; 
  9.9      (2) outlines the job search resources offered; 
  9.10     (3) outlines education or training opportunities available; 
  9.11     (4) describes the range of work activities, including 
  9.12  activities under section 256J.49, subdivision 13, clause (18), 
  9.13  that are allowable under MFIP to meet the individual needs of 
  9.14  participants; 
  9.15     (5) explains the requirements to comply with an employment 
  9.16  plan; 
  9.17     (6) explains the consequences for failing to comply; and 
  9.18     (7) explains the services that are available to support job 
  9.19  search and work and education. 
  9.20     Failure to attend the overview of employment and training 
  9.21  services without good cause results in the imposition of a 
  9.22  sanction under section 256J.46. 
  9.23     Sec. 11.  Minnesota Statutes 1999 Supplement, section 
  9.24  256J.52, subdivision 3, is amended to read: 
  9.25     Subd. 3.  [JOB SEARCH; JOB SEARCH SUPPORT PLAN.] (a) If, 
  9.26  after the initial assessment, the job counselor determines that 
  9.27  the participant possesses sufficient skills that the participant 
  9.28  is likely to succeed in obtaining suitable employment, the 
  9.29  participant must conduct job search for a period of up to eight 
  9.30  weeks, for at least 30 hours per week.  The participant must 
  9.31  accept any offer of suitable employment.  Upon agreement by the 
  9.32  job counselor and the participant, a job search support plan may 
  9.33  limit a job search to jobs that are consistent with the 
  9.34  participant's employment goal.  The job counselor and 
  9.35  participant must develop a job search support plan which 
  9.36  specifies, at a minimum:  whether the job search is to be 
 10.1   supervised or unsupervised; support services that will be 
 10.2   provided while the participant conducts job search activities; 
 10.3   the courses necessary to obtain certification or licensure, if 
 10.4   applicable, and after obtaining the license or certificate, the 
 10.5   client must comply with subdivision 5; and how frequently the 
 10.6   participant must report to the job counselor on the status of 
 10.7   the participant's job search activities.  The job search support 
 10.8   plan may also specify that the participant fulfill a specified 
 10.9   portion of the required hours of job search through attending 
 10.10  adult basic education or English as a second language classes. 
 10.11     (b) During the eight-week job search period, either the job 
 10.12  counselor or the participant may request a review of the 
 10.13  participant's job search plan and progress towards obtaining 
 10.14  suitable employment.  If a review is requested by the 
 10.15  participant, the job counselor must concur that the review is 
 10.16  appropriate for the participant at that time.  If a review is 
 10.17  conducted, the job counselor may make a determination to conduct 
 10.18  a secondary assessment prior to the conclusion of the job search.
 10.19     (c) Failure to conduct the required job search, to accept 
 10.20  any offer of suitable employment, to develop or comply with a 
 10.21  job search support plan, or voluntarily quitting suitable 
 10.22  employment without good cause results in the imposition of a 
 10.23  sanction under section 256J.46.  If at the end of eight weeks 
 10.24  the participant has not obtained suitable employment, the job 
 10.25  counselor must conduct a secondary assessment of the participant 
 10.26  under subdivision 3. 
 10.27     Sec. 12.  Minnesota Statutes 1999 Supplement, section 
 10.28  256J.52, subdivision 4, is amended to read: 
 10.29     Subd. 4.  [SECONDARY ASSESSMENT.] (a) The job counselor 
 10.30  must conduct a secondary assessment for those participants who: 
 10.31     (1) in the judgment of the job counselor, have barriers to 
 10.32  obtaining employment that will not be overcome with a job search 
 10.33  support plan under subdivision 3; 
 10.34     (2) have completed eight weeks of job search under 
 10.35  subdivision 3 without obtaining suitable employment; 
 10.36     (3) have not received a secondary assessment, are working 
 11.1   at least 20 hours per week, and the participant, job counselor, 
 11.2   or county agency requests a secondary assessment; or 
 11.3      (4) have an existing job search plan or employment plan 
 11.4   developed for another program or are already involved in 
 11.5   training or education activities under section 256J.55, 
 11.6   subdivision 5. 
 11.7      (b) In the secondary assessment the job counselor must 
 11.8   evaluate the participant's skills and prior work experience, 
 11.9   family circumstances, interests and abilities, need for 
 11.10  preemployment activities, supportive or educational services, 
 11.11  and the extent of any barriers to employment.  Failure to 
 11.12  complete a secondary assessment shall result in the imposition 
 11.13  of a sanction as specified in sections 256J.46 and 256J.57.  The 
 11.14  job counselor must use the information gathered through the 
 11.15  secondary assessment to develop an employment plan under 
 11.16  subdivision 5. 
 11.17     (c) The job counselor may require the participant to 
 11.18  complete a professional chemical use assessment to be performed 
 11.19  according to the rules adopted under section 254A.03, 
 11.20  subdivision 3, including provisions in the administrative rules 
 11.21  which recognize the cultural background of the participant, or a 
 11.22  professional psychological assessment as a component of the 
 11.23  secondary assessment, when the job counselor has a reasonable 
 11.24  belief, based on objective evidence, that a participant's 
 11.25  ability to obtain and retain suitable employment is impaired by 
 11.26  a medical condition.  The job counselor may ensure that 
 11.27  appropriate services, including child care assistance and 
 11.28  transportation, are available to the participant to meet needs 
 11.29  identified by the assessment.  Data gathered as part of a 
 11.30  professional assessment must be classified and disclosed 
 11.31  according to the provisions in section 13.46. 
 11.32     (d) The provider shall make available to participants 
 11.33  information regarding additional vendors or resources which 
 11.34  provide employment and training services that may be available 
 11.35  to the participant under a plan developed under this section.  
 11.36  At a minimum, the provider must make available information on 
 12.1   the following resources:  business and higher education 
 12.2   partnerships operated under the Minnesota job skills 
 12.3   partnership, community and technical colleges, adult basic 
 12.4   education programs, and services offered by vocational 
 12.5   rehabilitation programs.  The information must include a brief 
 12.6   summary of services provided and related performance 
 12.7   indicators.  Performance indicators must include, but are not 
 12.8   limited to, the average time to complete program offerings, 
 12.9   placement rates, entry and average wages, and retention rates.  
 12.10  To be included in the information given to participants, a 
 12.11  vendor or resource must provide counties with relevant 
 12.12  information in the format required by the county. 
 12.13     Sec. 13.  Minnesota Statutes 1998, section 256J.55, 
 12.14  subdivision 1, is amended to read: 
 12.15     Subdivision 1.  [COMPLIANCE WITH JOB SEARCH OR EMPLOYMENT 
 12.16  PLAN; SUITABLE EMPLOYMENT.] (a) Each MFIP-S participant must 
 12.17  comply with the terms of the participant's job search support 
 12.18  plan or employment plan.  When the participant has completed the 
 12.19  steps listed in the employment plan, the participant must comply 
 12.20  with section 256J.53, subdivision 5, if applicable, and then the 
 12.21  participant must not refuse any offer of suitable employment.  
 12.22  The participant may choose to accept an offer of suitable 
 12.23  employment before the participant has completed the steps of the 
 12.24  employment plan. 
 12.25     (b) For a participant under the age of 20 who is without a 
 12.26  high school diploma or general educational development diploma, 
 12.27  the requirement to comply with the terms of the employment plan 
 12.28  means the participant must meet the requirements of section 
 12.29  256J.54. 
 12.30     (c) Failure to develop or comply with a job search support 
 12.31  plan or an employment plan, or quitting suitable employment 
 12.32  without good cause, shall result in the imposition of a sanction 
 12.33  as specified in sections 256J.46 and 256J.57. 
 12.34     Sec. 14.  Minnesota Statutes 1999 Supplement, section 
 12.35  256J.56, is amended to read: 
 12.36     256J.56 [EMPLOYMENT AND TRAINING SERVICES COMPONENT; 
 13.1   EXEMPTIONS.] 
 13.2      (a) An MFIP caregiver is exempt from the requirements of 
 13.3   sections 256J.52 to 256J.55 if the caregiver belongs to any of 
 13.4   the following groups: 
 13.5      (1) individuals who are age 60 or older; 
 13.6      (2) individuals who are suffering from a professionally 
 13.7   certified permanent or temporary illness, injury, or incapacity 
 13.8   which is expected to continue for more than 30 days and which 
 13.9   prevents the person from obtaining or retaining employment.  
 13.10  Persons in this category with a temporary illness, injury, or 
 13.11  incapacity must be reevaluated at least quarterly; 
 13.12     (3) caregivers whose presence in the home is required 
 13.13  because of the professionally certified illness or incapacity of 
 13.14  another member in the assistance unit, a relative in the 
 13.15  household, or a foster child in the household; 
 13.16     (4) women who are pregnant, if the pregnancy has resulted 
 13.17  in a professionally certified incapacity that prevents the woman 
 13.18  from obtaining or retaining employment; 
 13.19     (5) caregivers of a child under the age of one year who 
 13.20  personally provide full-time care for the child.  This exemption 
 13.21  may be used for only 12 months in a lifetime.  In two-parent 
 13.22  households, only one parent or other relative may qualify for 
 13.23  this exemption; 
 13.24     (6) individuals who are single parents, or one parent in a 
 13.25  two-parent family, employed at least 35 hours per week; 
 13.26     (7) individuals experiencing a personal or family crisis 
 13.27  that makes them incapable of participating in the program, as 
 13.28  determined by the county agency.  If the participant does not 
 13.29  agree with the county agency's determination, the participant 
 13.30  may seek professional certification, as defined in section 
 13.31  256J.08, that the participant is incapable of participating in 
 13.32  the program. 
 13.33     Persons in this exemption category must be reevaluated 
 13.34  every 60 days; or 
 13.35     (8) second parents in two-parent families employed for 20 
 13.36  or more hours per week, provided the first parent is employed at 
 14.1   least 35 hours per week. 
 14.2      A caregiver who is exempt under clause (5) must enroll in 
 14.3   and attend an early childhood and family education class, a 
 14.4   parenting class, or some similar activity, if available, during 
 14.5   the period of time the caregiver is exempt under this section.  
 14.6   Notwithstanding section 256J.46, failure to attend the required 
 14.7   activity shall not result in the imposition of a sanction. 
 14.8      (b) The county agency must provide employment and training 
 14.9   services to MFIP caregivers who are exempt under this section, 
 14.10  but who volunteer to participate.  Exempt volunteers may request 
 14.11  approval for any work activity under section 256J.49, 
 14.12  subdivision 13.  The hourly participation requirements for 
 14.13  nonexempt caregivers under section 256J.50, subdivision 5, do 
 14.14  not apply to exempt caregivers who volunteer to participate. 
 14.15     Sec. 15.  Minnesota Statutes 1998, section 256K.03, 
 14.16  subdivision 5, is amended to read: 
 14.17     Subd. 5.  [EXEMPTION CATEGORIES.] (a) The applicant will be 
 14.18  exempt from the job search requirements and development of a job 
 14.19  search plan and an employability development plan under 
 14.20  subdivisions 3, 4, and 8 if the applicant belongs to any of the 
 14.21  following groups: 
 14.22     (1) individuals who are age 60 or older; 
 14.23     (2) individuals who are suffering from a professionally 
 14.24  certified permanent or temporary illness, injury, or incapacity 
 14.25  which is expected to continue for more than 30 days and which 
 14.26  prevents the person from obtaining or retaining employment.  
 14.27  Persons in this category with a temporary illness, injury, or 
 14.28  incapacity must be reevaluated at least quarterly; 
 14.29     (3) caregivers whose presence in the home is needed because 
 14.30  of the professionally certified illness or incapacity of another 
 14.31  member in the assistance unit, a relative in the household, or a 
 14.32  foster child in the household; 
 14.33     (4) women who are pregnant, if the pregnancy has resulted 
 14.34  in a professionally certified incapacity that prevents the woman 
 14.35  from obtaining and retaining employment; 
 14.36     (5) caregivers of a child under the age of one year who 
 15.1   personally provide full-time care for the child.  This exemption 
 15.2   may be used for only 12 months in a lifetime.  In two-parent 
 15.3   households, only one parent or other relative may qualify for 
 15.4   this exemption; 
 15.5      (6) individuals who are single parents or one parent in a 
 15.6   two-parent family employed at least 35 hours per week; 
 15.7      (7) individuals experiencing a personal or family crisis 
 15.8   that makes them incapable of participating in the program, as 
 15.9   determined by the county agency.  If the participant does not 
 15.10  agree with the county agency's determination, the participant 
 15.11  may seek professional certification, as defined in section 
 15.12  256J.08, that the participant is incapable of participating in 
 15.13  the program.  Persons in this exemption category must be 
 15.14  reevaluated every 60 days; or 
 15.15     (8) second parents in two-parent families employed for 20 
 15.16  or more hours per week provided the first parent is employed at 
 15.17  least 35 hours per week. 
 15.18     (b) A caregiver who is exempt under clause (5) must enroll 
 15.19  in and attend an early childhood and family education class, a 
 15.20  parenting class, or some similar activity, if available, during 
 15.21  the period of time the caregiver is exempt under this section.  
 15.22  Notwithstanding section 256J.46, failure to attend the required 
 15.23  activity shall not result in the imposition of a sanction. 
 15.24     Sec. 16.  [REPEALER.] 
 15.25     (a) Minnesota Statutes 1998, sections 256J.45, subdivision 
 15.26  3; 256J.46, subdivision 1a; and 256J.57, subdivision 2, are 
 15.27  repealed. 
 15.28     (b) Minnesota Statutes 1999 Supplement, sections 256J.08, 
 15.29  subdivision 82; 256J.46, subdivisions 1, 2, and 2a; and 256J.57, 
 15.30  subdivision 1, are repealed.