SF 3107

1st Engrossment - 81st Legislature (1999 - 2000) 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 1998, sections 256D.425, subdivision 1; 
  1.5             256J.08, by adding a subdivision; 256J.39, subdivision 
  1.6             2; 256J.42, by adding a subdivision; 256J.48, by 
  1.7             adding a subdivision; 256J.49, subdivisions 2, 13, and 
  1.8             by adding a subdivision; 256J.50, subdivisions 5, 10, 
  1.9             and by adding a subdivision; and 256J.52, subdivisions 
  1.10            2 and 6; Minnesota Statutes 1999 Supplement, sections 
  1.11            256.98, subdivision 8; 256J.08, subdivision 55a; 
  1.12            256J.21, subdivision 2; 256J.24, subdivision 2; 
  1.13            256J.32, subdivision 4; 256J.42, subdivision 1; 
  1.14            256J.45, subdivisions 1 and 2; 256J.46, subdivision 1; 
  1.15            256J.515; 256J.52, subdivisions 3 and 5; 256J.56; and 
  1.16            256J.62, subdivision 9; repealing Minnesota Statutes 
  1.17            1998, sections 256J.08, subdivision 50a; 256J.42, 
  1.18            subdivision 3; and 256J.49, subdivision 11; Minnesota 
  1.19            Statutes 1999 Supplement, sections 256J.42, 
  1.20            subdivisions 4 and 5; 256J.43; and 256J.52, 
  1.21            subdivision 5a. 
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.24  256.98, subdivision 8, is amended to read: 
  1.25     Subd. 8.  [DISQUALIFICATION FROM PROGRAM.] (a) Any person 
  1.26  found to be guilty of wrongfully obtaining assistance by a 
  1.27  federal or state court or by an administrative hearing 
  1.28  determination, or waiver thereof, through a disqualification 
  1.29  consent agreement, or as part of any approved diversion plan 
  1.30  under section 401.065, or any court-ordered stay which carries 
  1.31  with it any probationary or other conditions, in the Minnesota 
  1.32  family assistance program, the food stamp program, the general 
  1.33  assistance program, or the Minnesota supplemental aid program 
  2.1   shall be disqualified from that program.  In addition, any 
  2.2   person disqualified from the Minnesota family investment program 
  2.3   shall also be disqualified from the food stamp program.  The 
  2.4   needs of that individual shall not be taken into consideration 
  2.5   in determining the grant level for that assistance unit:  
  2.6      (1) for one year after the first offense; 
  2.7      (2) for two years after the second offense; and 
  2.8      (3) permanently after the third or subsequent offense.  
  2.9      The period of program disqualification shall begin on the 
  2.10  date stipulated on the advance notice of disqualification 
  2.11  without possibility of postponement for administrative stay or 
  2.12  administrative hearing and shall continue through completion 
  2.13  unless and until the findings upon which the sanctions were 
  2.14  imposed are reversed by a court of competent jurisdiction.  The 
  2.15  period for which sanctions are imposed is not subject to 
  2.16  review.  The sanctions provided under this subdivision are in 
  2.17  addition to, and not in substitution for, any other sanctions 
  2.18  that may be provided for by law for the offense involved.  A 
  2.19  disqualification established through hearing or waiver shall 
  2.20  result in the disqualification period beginning immediately 
  2.21  unless the person has become otherwise ineligible for 
  2.22  assistance.  If the person is ineligible for assistance, the 
  2.23  disqualification period begins when the person again meets the 
  2.24  eligibility criteria of the program from which they were 
  2.25  disqualified and makes application for that program. 
  2.26     (b) A family receiving assistance through child care 
  2.27  assistance programs under chapter 119B with a family member who 
  2.28  is found to be guilty of wrongfully obtaining child care 
  2.29  assistance by a federal court, state court, or an administrative 
  2.30  hearing determination or waiver, through a disqualification 
  2.31  consent agreement, as part of an approved diversion plan under 
  2.32  section 401.065, or a court-ordered stay with probationary or 
  2.33  other conditions, is disqualified from child care assistance 
  2.34  programs.  The disqualifications must be for periods of three 
  2.35  months, six months, and two years for the first, second, and 
  2.36  third offenses respectively.  Subsequent violations must result 
  3.1   in permanent disqualification.  During the disqualification 
  3.2   period, disqualification from any child care program must extend 
  3.3   to all child care programs and must be immediately applied. 
  3.4      Sec. 2.  Minnesota Statutes 1998, section 256D.425, 
  3.5   subdivision 1, is amended to read: 
  3.6      Subdivision 1.  [PERSONS ENTITLED TO RECEIVE AID.] A person 
  3.7   who is aged, blind, or 18 years of age or older and disabled and 
  3.8   who is receiving supplemental security benefits under Title XVI 
  3.9   on the basis of age, blindness, or disability (or would be 
  3.10  eligible for such benefits except for excess income) is eligible 
  3.11  for a payment under the Minnesota supplemental aid program, if 
  3.12  the person's net income is less than the standards in section 
  3.13  256D.44.  Persons who are not receiving supplemental security 
  3.14  income benefits under Title XVI of the Social Security Act or 
  3.15  disability insurance benefits under Title II of the Social 
  3.16  Security Act due to exhausting time limited benefits are not 
  3.17  eligible to receive benefits under the MSA program.  Persons who 
  3.18  are not receiving social security or other maintenance benefits 
  3.19  for failure to meet or comply with the social security or other 
  3.20  maintenance program requirements are not eligible to receive 
  3.21  benefits under the MSA program.  Persons who are found 
  3.22  ineligible for supplemental security income because of excess 
  3.23  income, but whose income is within the limits of the Minnesota 
  3.24  supplemental aid program, must have blindness or disability 
  3.25  determined by the state medical review team.  
  3.26     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  3.27  256J.08, subdivision 55a, is amended to read: 
  3.28     Subd. 55a.  [MFIP STANDARD OF NEED.] "MFIP standard of 
  3.29  need" means the appropriate standard used to determine MFIP 
  3.30  benefit payments for the MFIP unit and applies to: 
  3.31     (1) the transitional standard, sections 256J.08, 
  3.32  subdivision 85, and 256J.24, subdivision 5; and 
  3.33     (2) the shared household standard, section 256J.24, 
  3.34  subdivision 9; and 
  3.35     (3) the interstate transition standard, section 256J.43. 
  3.36     Sec. 4.  Minnesota Statutes 1998, section 256J.08, is 
  4.1   amended by adding a subdivision to read: 
  4.2      Subd. 67a.  [PERSON TRAINED IN DOMESTIC VIOLENCE.] "Person 
  4.3   trained in domestic violence" means an individual who works for 
  4.4   an organization that is designated by the Minnesota center for 
  4.5   crime victims services or the department of public safety as 
  4.6   providing services to victims of domestic violence. 
  4.7      Sec. 5.  Minnesota Statutes 1999 Supplement, section 
  4.8   256J.21, subdivision 2, is amended to read: 
  4.9      Subd. 2.  [INCOME EXCLUSIONS.] (a) The following must be 
  4.10  excluded in determining a family's available income: 
  4.11     (1) payments for basic care, difficulty of care, and 
  4.12  clothing allowances received for providing family foster care to 
  4.13  children or adults under Minnesota Rules, parts 9545.0010 to 
  4.14  9545.0260 and 9555.5050 to 9555.6265, and payments received and 
  4.15  used for care and maintenance of a third-party beneficiary who 
  4.16  is not a household member; 
  4.17     (2) reimbursements for employment training received through 
  4.18  the Job Training Partnership Act, United States Code, title 29, 
  4.19  chapter 19, sections 1501 to 1792b; 
  4.20     (3) reimbursement for out-of-pocket expenses incurred while 
  4.21  performing volunteer services, jury duty, employment, or 
  4.22  informal carpooling arrangements directly related to employment; 
  4.23     (4) all educational assistance, except the county agency 
  4.24  must count graduate student teaching assistantships, 
  4.25  fellowships, and other similar paid work as earned income and, 
  4.26  after allowing deductions for any unmet and necessary 
  4.27  educational expenses, shall count scholarships or grants awarded 
  4.28  to graduate students that do not require teaching or research as 
  4.29  unearned income; 
  4.30     (5) loans, regardless of purpose, from public or private 
  4.31  lending institutions, governmental lending institutions, or 
  4.32  governmental agencies; 
  4.33     (6) loans from private individuals, regardless of purpose, 
  4.34  provided an applicant or participant documents that the lender 
  4.35  expects repayment; 
  4.36     (7)(i) state income tax refunds; and 
  5.1      (ii) federal income tax refunds; 
  5.2      (8)(i) federal earned income credits; 
  5.3      (ii) Minnesota working family credits; 
  5.4      (iii) state homeowners and renters credits under chapter 
  5.5   290A; and 
  5.6      (iv) federal or state tax rebates; 
  5.7      (9) funds received for reimbursement, replacement, or 
  5.8   rebate of personal or real property when these payments are made 
  5.9   by public agencies, awarded by a court, solicited through public 
  5.10  appeal, or made as a grant by a federal agency, state or local 
  5.11  government, or disaster assistance organizations, subsequent to 
  5.12  a presidential declaration of disaster; 
  5.13     (10) the portion of an insurance settlement that is used to 
  5.14  pay medical, funeral, and burial expenses, or to repair or 
  5.15  replace insured property; 
  5.16     (11) reimbursements for medical expenses that cannot be 
  5.17  paid by medical assistance; 
  5.18     (12) payments by a vocational rehabilitation program 
  5.19  administered by the state under chapter 268A, except those 
  5.20  payments that are for current living expenses; 
  5.21     (13) in-kind income, including any payments directly made 
  5.22  by a third party to a provider of goods and services; 
  5.23     (14) assistance payments to correct underpayments, but only 
  5.24  for the month in which the payment is received; 
  5.25     (15) emergency assistance payments; 
  5.26     (16) funeral and cemetery payments as provided by section 
  5.27  256.935; 
  5.28     (17) nonrecurring cash gifts of $30 or less, not exceeding 
  5.29  $30 per participant in a calendar month; 
  5.30     (18) any form of energy assistance payment made through 
  5.31  Public Law Number 97-35, Low-Income Home Energy Assistance Act 
  5.32  of 1981, payments made directly to energy providers by other 
  5.33  public and private agencies, and any form of credit or rebate 
  5.34  payment issued by energy providers; 
  5.35     (19) Supplemental Security Income (SSI), including 
  5.36  retroactive SSI payments and other income of an SSI recipient; 
  6.1      (20) Minnesota supplemental aid, including retroactive 
  6.2   payments; 
  6.3      (21) proceeds from the sale of real or personal property; 
  6.4      (22) adoption assistance payments under section 259.67; 
  6.5      (23) state-funded family subsidy program payments made 
  6.6   under section 252.32 to help families care for children with 
  6.7   mental retardation or related conditions; 
  6.8      (24) interest payments and dividends from property that is 
  6.9   not excluded from and that does not exceed the asset limit; 
  6.10     (25) rent rebates; 
  6.11     (26) income earned by a minor caregiver, minor child 
  6.12  through age 6, or a minor child who is at least a half-time 
  6.13  student in an approved elementary or secondary education 
  6.14  program; 
  6.15     (27) income earned by a caregiver under age 20 who is at 
  6.16  least a half-time student in an approved elementary or secondary 
  6.17  education program; 
  6.18     (28) MFIP child care payments under section 119B.05; 
  6.19     (29) all other payments made through MFIP to support a 
  6.20  caregiver's pursuit of greater self-support; 
  6.21     (30) income a participant receives related to shared living 
  6.22  expenses; 
  6.23     (31) reverse mortgages; 
  6.24     (32) benefits provided by the Child Nutrition Act of 1966, 
  6.25  United States Code, title 42, chapter 13A, sections 1771 to 
  6.26  1790; 
  6.27     (33) benefits provided by the women, infants, and children 
  6.28  (WIC) nutrition program, United States Code, title 42, chapter 
  6.29  13A, section 1786; 
  6.30     (34) benefits from the National School Lunch Act, United 
  6.31  States Code, title 42, chapter 13, sections 1751 to 1769e; 
  6.32     (35) relocation assistance for displaced persons under the 
  6.33  Uniform Relocation Assistance and Real Property Acquisition 
  6.34  Policies Act of 1970, United States Code, title 42, chapter 61, 
  6.35  subchapter II, section 4636, or the National Housing Act, United 
  6.36  States Code, title 12, chapter 13, sections 1701 to 1750jj; 
  7.1      (36) benefits from the Trade Act of 1974, United States 
  7.2   Code, title 19, chapter 12, part 2, sections 2271 to 2322; 
  7.3      (37) war reparations payments to Japanese Americans and 
  7.4   Aleuts under United States Code, title 50, sections 1989 to 
  7.5   1989d; 
  7.6      (38) payments to veterans or their dependents as a result 
  7.7   of legal settlements regarding Agent Orange or other chemical 
  7.8   exposure under Public Law Number 101-239, section 10405, 
  7.9   paragraph (a)(2)(E); 
  7.10     (39) income that is otherwise specifically excluded from 
  7.11  MFIP consideration in federal law, state law, or federal 
  7.12  regulation; 
  7.13     (40) security and utility deposit refunds; 
  7.14     (41) American Indian tribal land settlements excluded under 
  7.15  Public Law Numbers 98-123, 98-124, and 99-377 to the Mississippi 
  7.16  Band Chippewa Indians of White Earth, Leech Lake, and Mille Lacs 
  7.17  reservations and payments to members of the White Earth Band, 
  7.18  under United States Code, title 25, chapter 9, section 331, and 
  7.19  chapter 16, section 1407; 
  7.20     (42) all income of the minor parent's parents and 
  7.21  stepparents when determining the grant for the minor parent in 
  7.22  households that include a minor parent living with parents or 
  7.23  stepparents on MFIP with other children; and 
  7.24     (43) income of the minor parent's parents and stepparents 
  7.25  equal to 200 percent of the federal poverty guideline for a 
  7.26  family size not including the minor parent and the minor 
  7.27  parent's child in households that include a minor parent living 
  7.28  with parents or stepparents not on MFIP when determining the 
  7.29  grant for the minor parent.  The remainder of income is deemed 
  7.30  as specified in section 256J.37, subdivision 1b; 
  7.31     (44) payments made to children eligible for relative 
  7.32  custody assistance under section 257.85; 
  7.33     (45) vendor payments for goods and services made on behalf 
  7.34  of a client unless the client has the option of receiving the 
  7.35  payment in cash; and 
  7.36     (46) the principal portion of a contract for deed payment. 
  8.1      Sec. 6.  Minnesota Statutes 1999 Supplement, section 
  8.2   256J.24, subdivision 2, is amended to read: 
  8.3      Subd. 2.  [MANDATORY ASSISTANCE UNIT COMPOSITION.] Except 
  8.4   for minor caregivers and their children who must be in a 
  8.5   separate assistance unit from the other persons in the 
  8.6   household, when the following individuals live together, they 
  8.7   must be included in the assistance unit: 
  8.8      (1) a minor child, including a pregnant minor; 
  8.9      (2) the minor child's minor siblings, minor half-siblings, 
  8.10  and minor step-siblings; 
  8.11     (3) the minor child's natural parents, adoptive parents, 
  8.12  and stepparents; and 
  8.13     (4) the spouse of a pregnant woman. 
  8.14     A minor child must have a caregiver for the child to be 
  8.15  included in the assistance unit.  
  8.16     Sec. 7.  Minnesota Statutes 1999 Supplement, section 
  8.17  256J.32, subdivision 4, is amended to read: 
  8.18     Subd. 4.  [FACTORS TO BE VERIFIED.] The county agency shall 
  8.19  verify the following at application: 
  8.20     (1) identity of adults; 
  8.21     (2) presence of the minor child in the home, if 
  8.22  questionable; 
  8.23     (3) relationship of a minor child to caregivers in the 
  8.24  assistance unit; 
  8.25     (4) age, if necessary to determine MFIP eligibility; 
  8.26     (5) immigration status; 
  8.27     (6) social security number according to the requirements of 
  8.28  section 256J.30, subdivision 12; 
  8.29     (7) income; 
  8.30     (8) self-employment expenses used as a deduction; 
  8.31     (9) source and purpose of deposits and withdrawals from 
  8.32  business accounts; 
  8.33     (10) spousal support and child support payments made to 
  8.34  persons outside the household; 
  8.35     (11) real property; 
  8.36     (12) vehicles; 
  9.1      (13) checking and savings accounts; 
  9.2      (14) savings certificates, savings bonds, stocks, and 
  9.3   individual retirement accounts; 
  9.4      (15) pregnancy, if related to eligibility; 
  9.5      (16) inconsistent information, if related to eligibility; 
  9.6      (17) medical insurance; 
  9.7      (18) burial accounts; 
  9.8      (19) school attendance, if related to eligibility; 
  9.9      (20) residence; 
  9.10     (21) a claim of domestic family violence if used as a basis 
  9.11  for a deferral or exemption waiver from the 60-month time limit 
  9.12  in section 256J.42 or and regular employment and training 
  9.13  services requirements in section 256J.56; 
  9.14     (22) disability if used as an exemption from employment and 
  9.15  training services requirements under section 256J.56; and 
  9.16     (23) information needed to establish an exception under 
  9.17  section 256J.24, subdivision 9. 
  9.18     Sec. 8.  Minnesota Statutes 1998, section 256J.39, 
  9.19  subdivision 2, is amended to read: 
  9.20     Subd. 2.  [PROTECTIVE AND VENDOR PAYMENTS.] Alternatives to 
  9.21  paying assistance directly to a participant may be used when: 
  9.22     (1) a county agency determines that a vendor payment is the 
  9.23  most effective way to resolve an emergency situation pertaining 
  9.24  to basic needs; 
  9.25     (2) a caregiver makes a written request to the county 
  9.26  agency asking that part or all of the assistance payment be 
  9.27  issued by protective or vendor payments for shelter and utility 
  9.28  service only.  The caregiver may withdraw this request in 
  9.29  writing at any time; 
  9.30     (3) the vendor payment is part of a sanction under section 
  9.31  256J.46; 
  9.32     (4) the vendor payment is required under section 256J.24, 
  9.33  subdivision 8, or 256J.26, or 256J.43; 
  9.34     (5) protective payments are required for minor parents 
  9.35  under section 256J.14; or 
  9.36     (6) a caregiver has exhibited a continuing pattern of 
 10.1   mismanaging funds as determined by the county agency. 
 10.2      The director of a county agency, or the director's 
 10.3   designee, must approve a proposal for protective or vendor 
 10.4   payment for money mismanagement when there is a pattern of 
 10.5   mismanagement under clause (6).  During the time a protective or 
 10.6   vendor payment is being made, the county agency must provide 
 10.7   services designed to alleviate the causes of the mismanagement. 
 10.8      The continuing need for and method of payment must be 
 10.9   documented and reviewed every 12 months.  The director of a 
 10.10  county agency or the director's designee must approve the 
 10.11  continuation of protective or vendor payments.  When it appears 
 10.12  that the need for protective or vendor payments will continue or 
 10.13  is likely to continue beyond two years because the county 
 10.14  agency's efforts have not resulted in sufficiently improved use 
 10.15  of assistance on behalf of the minor child, judicial appointment 
 10.16  of a legal guardian or other legal representative must be sought 
 10.17  by the county agency.  
 10.18     Sec. 9.  Minnesota Statutes 1999 Supplement, section 
 10.19  256J.42, subdivision 1, is amended to read: 
 10.20     Subdivision 1.  [TIME LIMIT.] (a) Except for the exemptions 
 10.21  as otherwise provided for in this section, an assistance unit in 
 10.22  which any adult caregiver has received 60 months of cash 
 10.23  assistance funded in whole or in part by the TANF block grant in 
 10.24  this or any other state or United States territory, or from a 
 10.25  tribal TANF program, MFIP, the AFDC program formerly codified in 
 10.26  sections 256.72 to 256.87, or the family general assistance 
 10.27  program formerly codified in sections 256D.01 to 256D.23, funded 
 10.28  in whole or in part by state appropriations, is ineligible to 
 10.29  receive MFIP.  Any cash assistance funded with TANF dollars in 
 10.30  this or any other state or United States territory, or from a 
 10.31  tribal TANF program, or MFIP assistance funded in whole or in 
 10.32  part by state appropriations, that was received by the unit on 
 10.33  or after the date TANF was implemented, including any assistance 
 10.34  received in states or United States territories of prior 
 10.35  residence, counts toward the 60-month limitation.  The 60-month 
 10.36  limit applies to a minor who is the head of a household or who 
 11.1   is married to the head of a household except under subdivision 
 11.2   5.  The 60-month time period does not need to be consecutive 
 11.3   months for this provision to apply.  
 11.4      (b) The months before July 1998 in which individuals 
 11.5   received assistance as part of the field trials as an MFIP, 
 11.6   MFIP-R, or MFIP or MFIP-R comparison group family are not 
 11.7   included in the 60-month time limit. 
 11.8      (c) In determining the number of months for which an adult 
 11.9   has received assistance under MFIP, the county agency must 
 11.10  disregard any month during which the adult lived in Indian 
 11.11  country if during the month at least 50 percent of the adults 
 11.12  living in Indian country were not employed. 
 11.13     (d) Diversionary assistance and emergency assistance are 
 11.14  not considered assistance for purposes of the 60-month time 
 11.15  limit. 
 11.16     Sec. 10.  Minnesota Statutes 1998, section 256J.42, is 
 11.17  amended by adding a subdivision to read: 
 11.18     Subd. 6.  [HARDSHIP EXTENSION FOR CERTAIN FAMILIES.] 
 11.19  Individuals in clauses (1) to (4) who receive cash assistance 
 11.20  shall receive an extension to the 60-month time limit that 
 11.21  equals the total number of months that the individual received 
 11.22  cash assistance while under the specified circumstances. 
 11.23     (1) A minor caregiver who, from July 1, 1997, until the 
 11.24  date MFIP was operative in the caregiver's county of financial 
 11.25  responsibility, was complying with Minnesota Statutes 1996, 
 11.26  section 256.73, subdivision 5a, and Minnesota Statutes 1998, 
 11.27  section 256.736, if applicable.  Thereafter, any minor caregiver 
 11.28  who is complying with the requirements of sections 256J.14 and 
 11.29  256J.54, if applicable. 
 11.30     (2) Any 18- or 19-year-old caregiver who is complying with 
 11.31  the requirements of section 256J.54. 
 11.32     (3) A caregiver who is age 60 or older. 
 11.33     (4) An individual who is or was the victim of family 
 11.34  violence as defined in section 256J.49, subdivision 2, and the 
 11.35  individual complied with an alternative plan under section 
 11.36  256J.49, subdivision 1a, or is currently complying with an 
 12.1   alternative employment plan under section 256J.49, subdivision 
 12.2   1a, unless the individual is currently exempt from employment 
 12.3   services under section 256J.56. 
 12.4      Sec. 11.  Minnesota Statutes 1999 Supplement, section 
 12.5   256J.45, subdivision 1, is amended to read: 
 12.6      Subdivision 1.  [COUNTY AGENCY TO PROVIDE ORIENTATION.] A 
 12.7   county agency must provide each MFIP caregiver who is not exempt 
 12.8   under section 256J.56, paragraph (a), clause (6) or (8), with a 
 12.9   face-to-face orientation, unless the caregiver:  (1) is a single 
 12.10  parent, or one parent in a two-parent family, employed at least 
 12.11  35 hours per week; or (2) a second parent in a two-parent family 
 12.12  who is employed for 20 or more hours per week provided the first 
 12.13  parent is employed at least 35 hours per week.  The county 
 12.14  agency must inform caregivers who are not exempt under section 
 12.15  256J.56, paragraph (a), clause (6) or (8), clause (1) or (2) 
 12.16  that failure to attend the orientation is considered an 
 12.17  occurrence of noncompliance with program requirements, and will 
 12.18  result in the imposition of a sanction under section 256J.46.  
 12.19  If the client complies with the orientation requirement prior to 
 12.20  the first day of the month in which the grant reduction is 
 12.21  proposed to occur, the orientation sanction shall be lifted.  
 12.22     Sec. 12.  Minnesota Statutes 1999 Supplement, section 
 12.23  256J.45, subdivision 2, is amended to read: 
 12.24     Subd. 2.  [GENERAL INFORMATION.] The MFIP-S MFIP 
 12.25  orientation must consist of a presentation that informs 
 12.26  caregivers of: 
 12.27     (1) the necessity to obtain immediate employment; 
 12.28     (2) the work incentives under MFIP-S MFIP, including the 
 12.29  availability of the federal earned income tax credit and the 
 12.30  Minnesota working family tax credit; 
 12.31     (3) the requirement to comply with the employment plan and 
 12.32  other requirements of the employment and training services 
 12.33  component of MFIP-S MFIP, including a description of the range 
 12.34  of work and training activities that are allowable under MFIP-S 
 12.35  MFIP to meet the individual needs of participants; 
 12.36     (4) the consequences for failing to comply with the 
 13.1   employment plan and other program requirements, and that the 
 13.2   county agency may not impose a sanction when failure to comply 
 13.3   is due to the unavailability of child care or other 
 13.4   circumstances where the participant has good cause under 
 13.5   subdivision 3; 
 13.6      (5) the rights, responsibilities, and obligations of 
 13.7   participants; 
 13.8      (6) the types and locations of child care services 
 13.9   available through the county agency; 
 13.10     (7) the availability and the benefits of the early 
 13.11  childhood health and developmental screening under sections 
 13.12  121A.16 to 121A.19; 123B.02, subdivision 16; and 123B.10; 
 13.13     (8) the caregiver's eligibility for transition year child 
 13.14  care assistance under section 119B.05; 
 13.15     (9) the caregiver's eligibility for extended medical 
 13.16  assistance when the caregiver loses eligibility for MFIP-S MFIP 
 13.17  due to increased earnings or increased child or spousal support; 
 13.18     (10) the caregiver's option to choose an employment and 
 13.19  training provider and information about each provider, including 
 13.20  but not limited to, services offered, program components, job 
 13.21  placement rates, job placement wages, and job retention rates; 
 13.22     (11) the caregiver's option to request approval of an 
 13.23  education and training plan according to section 256J.52; and 
 13.24     (12) the work study programs available under the higher 
 13.25  education system; and 
 13.26     (13) effective October 1, 2000, information about time 
 13.27  limit extensions and waivers of regular employment and training 
 13.28  requirements for family violence victims and referral 
 13.29  information about shelters and programs for victims of family 
 13.30  violence. 
 13.31     Sec. 13.  Minnesota Statutes 1999 Supplement, section 
 13.32  256J.46, subdivision 1, is amended to read: 
 13.33     Subdivision 1.  [SANCTIONS FOR PARTICIPANTS NOT COMPLYING 
 13.34  WITH PROGRAM REQUIREMENTS.] (a) A participant who fails without 
 13.35  good cause to comply with the requirements of this chapter, and 
 13.36  who is not subject to a sanction under subdivision 2, shall be 
 14.1   subject to a sanction as provided in this subdivision.  A 
 14.2   participant who fails to comply with an alternative employment 
 14.3   plan must have the plan reviewed by a job counselor with a 
 14.4   person trained in domestic violence to determine if activities 
 14.5   contained in the plan are appropriate.  If the activities are no 
 14.6   longer appropriate, the plan must be revised by a job counselor 
 14.7   with the assistance of a person trained in domestic violence.  A 
 14.8   sanction may be imposed only if a participant has not complied 
 14.9   with a plan, which following review by a person trained in 
 14.10  domestic violence, is determined to be appropriate and not in 
 14.11  need of revision. 
 14.12     A sanction under this subdivision becomes effective the 
 14.13  month following the month in which a required notice is given.  
 14.14  A sanction must not be imposed when a participant comes into 
 14.15  compliance with the requirements for orientation under section 
 14.16  256J.45 or third-party liability for medical services under 
 14.17  section 256J.30, subdivision 10, prior to the effective date of 
 14.18  the sanction.  A sanction must not be imposed when a participant 
 14.19  comes into compliance with the requirements for employment and 
 14.20  training services under sections 256J.49 to 256J.72 ten days 
 14.21  prior to the effective date of the sanction.  For purposes of 
 14.22  this subdivision, each month that a participant fails to comply 
 14.23  with a requirement of this chapter shall be considered a 
 14.24  separate occurrence of noncompliance.  A participant who has had 
 14.25  one or more sanctions imposed must remain in compliance with the 
 14.26  provisions of this chapter for six months in order for a 
 14.27  subsequent occurrence of noncompliance to be considered a first 
 14.28  occurrence.  
 14.29     (b) Sanctions for noncompliance shall be imposed as follows:
 14.30     (1) For the first occurrence of noncompliance by a 
 14.31  participant in a single-parent household or by one participant 
 14.32  in a two-parent household, the assistance unit's grant shall be 
 14.33  reduced by ten percent of the MFIP standard of need for an 
 14.34  assistance unit of the same size with the residual grant paid to 
 14.35  the participant.  The reduction in the grant amount must be in 
 14.36  effect for a minimum of one month and shall be removed in the 
 15.1   month following the month that the participant returns to 
 15.2   compliance.  
 15.3      (2) For a second or subsequent occurrence of noncompliance, 
 15.4   or when both participants in a two-parent household are out of 
 15.5   compliance at the same time, the assistance unit's shelter costs 
 15.6   shall be vendor paid up to the amount of the cash portion of the 
 15.7   MFIP grant for which the participant's assistance unit is 
 15.8   eligible.  At county option, the assistance unit's utilities may 
 15.9   also be vendor paid up to the amount of the cash portion of the 
 15.10  MFIP grant remaining after vendor payment of the assistance 
 15.11  unit's shelter costs.  The residual amount of the grant after 
 15.12  vendor payment, if any, must be reduced by an amount equal to 30 
 15.13  percent of the MFIP standard of need for an assistance unit of 
 15.14  the same size before the residual grant is paid to the 
 15.15  assistance unit.  The reduction in the grant amount must be in 
 15.16  effect for a minimum of one month and shall be removed in the 
 15.17  month following the month that a participant in a one-parent 
 15.18  household returns to compliance.  In a two-parent household, the 
 15.19  grant reduction must be in effect for a minimum of one month and 
 15.20  shall be removed in the month following the month both 
 15.21  participants return to compliance.  The vendor payment of 
 15.22  shelter costs and, if applicable, utilities shall be removed six 
 15.23  months after the month in which the participant or participants 
 15.24  return to compliance. 
 15.25     (c) No later than during the second month that a sanction 
 15.26  under paragraph (b), clause (2), is in effect due to 
 15.27  noncompliance with employment services, the participant's case 
 15.28  file must be reviewed to determine if: 
 15.29     (i) the continued noncompliance can be explained and 
 15.30  mitigated by providing a needed preemployment activity, as 
 15.31  defined in section 256J.49, subdivision 13, clause (16); 
 15.32     (ii) the participant qualifies for a good cause exception 
 15.33  under section 256J.57; or 
 15.34     (iii) the participant qualifies for an exemption under 
 15.35  section 256J.56; or 
 15.36     (iv) the participant qualifies for a waiver under section 
 16.1   256J.52, subdivision 6. 
 16.2      If the lack of an identified activity can explain the 
 16.3   noncompliance, the county must work with the participant to 
 16.4   provide the identified activity, and the county must restore the 
 16.5   participant's grant amount to the full amount for which the 
 16.6   assistance unit is eligible.  The grant must be restored 
 16.7   retroactively to the first day of the month in which the 
 16.8   participant was found to lack preemployment activities or to 
 16.9   qualify for an exemption or, a good cause exception, or a family 
 16.10  violence waiver. 
 16.11     If the participant is found to qualify for a good cause 
 16.12  exception or an exemption, or a family violence waiver, the 
 16.13  county must restore the participant's grant to the full amount 
 16.14  for which the assistance unit is eligible.  
 16.15     Sec. 14.  Minnesota Statutes 1998, section 256J.48, is 
 16.16  amended by adding a subdivision to read: 
 16.17     Subd. 1a.  [PROCESSING EMERGENCY APPLICATIONS.] Within 
 16.18  seven days of receiving the application, or sooner if the 
 16.19  immediacy and severity of the situation warrants it, families 
 16.20  must be notified in writing whether their application was 
 16.21  approved, denied, or pended.  
 16.22     Sec. 15.  Minnesota Statutes 1998, section 256J.49, is 
 16.23  amended by adding a subdivision to read: 
 16.24     Subd. 1a.  [ALTERNATIVE EMPLOYMENT PLAN.] "Alternative 
 16.25  employment plan" means a plan that is based on an individualized 
 16.26  assessment of need and which is developed and approved by a job 
 16.27  counselor with a person trained in family violence which may 
 16.28  address safety, legal, or emotional issues and other demands on 
 16.29  the family as a result of the family violence.  The information 
 16.30  in section 256J.515, clauses (1) to (8), must be included as 
 16.31  part of the development of the alternative employment plan.  To 
 16.32  the extent it is consistent with ensuring safety, an alternative 
 16.33  employment plan may also include activities that are designed to 
 16.34  lead to self-sufficiency.  An alternative employment plan may 
 16.35  not automatically include a provision that requires a 
 16.36  participant to obtain an order for protection or to attend 
 17.1   counseling. 
 17.2      Sec. 16.  Minnesota Statutes 1998, section 256J.49, 
 17.3   subdivision 2, is amended to read: 
 17.4      Subd. 2.  [DOMESTIC FAMILY VIOLENCE.] "Domestic Family 
 17.5   violence" means: 
 17.6      (1) physical acts that result, or threaten to result in, 
 17.7   physical injury to an individual; 
 17.8      (2) sexual abuse; 
 17.9      (3) sexual activity involving a minor child; 
 17.10     (4) being forced as the caregiver of a minor child to 
 17.11  engage in nonconsensual sexual acts or activities; 
 17.12     (5) threats of, or attempts at, physical or sexual abuse; 
 17.13     (6) mental abuse; or 
 17.14     (7) neglect or deprivation of medical care. 
 17.15     Sec. 17.  Minnesota Statutes 1998, section 256J.49, 
 17.16  subdivision 13, is amended to read: 
 17.17     Subd. 13.  [WORK ACTIVITY.] "Work activity" means any 
 17.18  activity in a participant's approved employment plan that is 
 17.19  tied to the participant's employment goal.  For purposes of the 
 17.20  MFIP-S MFIP program, any activity that is included in a 
 17.21  participant's approved employment plan meets the definition of 
 17.22  work activity as counted under the federal participation 
 17.23  standards.  Work activity includes, but is not limited to: 
 17.24     (1) unsubsidized employment; 
 17.25     (2) subsidized private sector or public sector employment, 
 17.26  including grant diversion as specified in section 256J.69; 
 17.27     (3) work experience, including CWEP as specified in section 
 17.28  256J.67, and including work associated with the refurbishing of 
 17.29  publicly assisted housing if sufficient private sector 
 17.30  employment is not available; 
 17.31     (4) on-the-job training as specified in section 256J.66; 
 17.32     (5) job search, either supervised or unsupervised; 
 17.33     (6) job readiness assistance; 
 17.34     (7) job clubs, including job search workshops; 
 17.35     (8) job placement; 
 17.36     (9) job development; 
 18.1      (10) job-related counseling; 
 18.2      (11) job coaching; 
 18.3      (12) job retention services; 
 18.4      (13) job-specific training or education; 
 18.5      (14) job skills training directly related to employment; 
 18.6      (15) the self-employment investment demonstration (SEID), 
 18.7   as specified in section 256J.65; 
 18.8      (16) preemployment activities, based on availability and 
 18.9   resources, such as volunteer work, literacy programs and related 
 18.10  activities, citizenship and English as a second language 
 18.11  classes, or participation in dislocated worker services, 
 18.12  chemical dependency treatment, mental health services, peer 
 18.13  group networks, displaced homemaker programs, strength-based 
 18.14  resiliency training, parenting education, or other programs 
 18.15  designed to help families reach their employment goals and 
 18.16  enhance their ability to care for their children; 
 18.17     (17) community service programs; 
 18.18     (18) vocational educational training or educational 
 18.19  programs that can reasonably be expected to lead to employment, 
 18.20  as limited by the provisions of section 256J.53; 
 18.21     (19) apprenticeships; 
 18.22     (20) satisfactory attendance in general educational 
 18.23  development diploma classes or an adult diploma program; 
 18.24     (21) satisfactory attendance at secondary school, if the 
 18.25  participant has not received a high school diploma; 
 18.26     (22) adult basic education classes; 
 18.27     (23) internships; 
 18.28     (24) bilingual employment and training services; 
 18.29     (25) providing child care services to a participant who is 
 18.30  working in a community service program; and 
 18.31     (26) activities included in a safety an alternative 
 18.32  employment plan that is developed under section 256J.52, 
 18.33  subdivision 6. 
 18.34     Sec. 18.  Minnesota Statutes 1998, section 256J.50, 
 18.35  subdivision 5, is amended to read: 
 18.36     Subd. 5.  [PARTICIPATION REQUIREMENTS FOR SINGLE-PARENT AND 
 19.1   TWO-PARENT CASES.] (a) A county must establish a uniform 
 19.2   schedule for requiring participation by single parents.  
 19.3   Mandatory participation must be required within six months of 
 19.4   eligibility for cash assistance.  For two-parent cases, 
 19.5   participation is required concurrent with the receipt of MFIP-S 
 19.6   MFIP cash assistance. 
 19.7      (b) Beginning January 1, 1998, with the exception of 
 19.8   caregivers required to attend high school under the provisions 
 19.9   of section 256J.54, subdivision 5, MFIP caregivers, upon 
 19.10  completion of the secondary assessment, must develop an 
 19.11  employment plan and participate in work activities. 
 19.12     (c) Upon completion of the secondary assessment: 
 19.13     (1) In single-parent families with no children under six 
 19.14  years of age, the job counselor and the caregiver must develop 
 19.15  an employment plan that includes 20 to 35 hours per week of work 
 19.16  activities for the period January 1, 1998, to September 30, 
 19.17  1998; 25 to 35 hours of work activities per week in federal 
 19.18  fiscal year 1999; and 30 to 35 hours per week of work activities 
 19.19  in federal fiscal year 2000 and thereafter. 
 19.20     (2) In single-parent families with a child under six years 
 19.21  of age, the job counselor and the caregiver must develop an 
 19.22  employment plan that includes 20 to 35 hours per week of work 
 19.23  activities. 
 19.24     (3) In two-parent families, the job counselor and the 
 19.25  caregivers must develop employment plans which result in a 
 19.26  combined total of at least 55 hours per week of work activities, 
 19.27  at least 30 hours of which must be completed by one of the 
 19.28  parents. 
 19.29     Sec. 19.  Minnesota Statutes 1998, section 256J.50, 
 19.30  subdivision 10, is amended to read: 
 19.31     Subd. 10.  [REQUIRED NOTIFICATION TO VICTIMS OF DOMESTIC 
 19.32  FAMILY VIOLENCE.] County agencies and their contractors must 
 19.33  provide universal notification to all applicants and recipients 
 19.34  of MFIP-S MFIP that: 
 19.35     (1) referrals to counseling and supportive services are 
 19.36  available for victims of domestic family violence; 
 20.1      (2) nonpermanent resident battered individuals married to 
 20.2   United States citizens or permanent residents may be eligible to 
 20.3   petition for permanent residency under the federal Violence 
 20.4   Against Women Act, and that referrals to appropriate legal 
 20.5   services are available; 
 20.6      (3) victims of domestic family violence are exempt from 
 20.7   eligible for an extension of the 60-month limit on assistance 
 20.8   while the individual is complying with an approved safety plan, 
 20.9   as defined in section 256J.49, subdivision 11; and 
 20.10     (4) victims of domestic family violence may choose to be 
 20.11  exempt or deferred from have regular work requirements for up to 
 20.12  12 months waived while the individual is complying with 
 20.13  an approved safety alternative employment plan as defined in 
 20.14  section 256J.49, subdivision 11 1a.  
 20.15     Notification must be in writing and orally at the time of 
 20.16  application and recertification, when the individual is referred 
 20.17  to the title IV-D child support agency, and at the beginning of 
 20.18  any job training or work placement assistance program. 
 20.19     Sec. 20.  Minnesota Statutes 1998, section 256J.50, is 
 20.20  amended by adding a subdivision to read: 
 20.21     Subd. 12.  [ACCESS TO PERSONS TRAINED IN DOMESTIC 
 20.22  VIOLENCE.] In a county where there is no local organization with 
 20.23  a staff person who is trained in domestic violence, as that term 
 20.24  is defined in section 256J.08, subdivision 67a, the county must 
 20.25  work with the nearest organization that is designated as 
 20.26  providing services to victims of domestic violence to develop a 
 20.27  process, which ensures that domestic violence victims have 
 20.28  access to a person trained in domestic violence. 
 20.29     Sec. 21.  Minnesota Statutes 1999 Supplement, section 
 20.30  256J.515, is amended to read: 
 20.31     256J.515 [OVERVIEW OF EMPLOYMENT AND TRAINING SERVICES.] 
 20.32     During the first meeting with participants, job counselors 
 20.33  must ensure that an overview of employment and training services 
 20.34  is provided that: 
 20.35     (1) stresses the necessity and opportunity of immediate 
 20.36  employment; 
 21.1      (2) outlines the job search resources offered; 
 21.2      (3) outlines education or training opportunities available; 
 21.3      (4) describes the range of work activities, including 
 21.4   activities under section 256J.49, subdivision 13, clause (18), 
 21.5   that are allowable under MFIP to meet the individual needs of 
 21.6   participants; 
 21.7      (5) explains the requirements to comply with an employment 
 21.8   plan; 
 21.9      (6) explains the consequences for failing to comply; and 
 21.10     (7) explains the services that are available to support job 
 21.11  search and work and education; and 
 21.12     (8) provides referral information about shelters and 
 21.13  programs for victims of family violence, time limit extensions, 
 21.14  and waivers of regular employment and training requirements for 
 21.15  family violence victims. 
 21.16     Failure to attend the overview of employment and training 
 21.17  services without good cause results in the imposition of a 
 21.18  sanction under section 256J.46. 
 21.19     Effective October 1, 2000, a participant who has an 
 21.20  alternative employment plan under section 256J.52, subdivision 
 21.21  6, as defined in section 256J.49, subdivision 1a, or who is in 
 21.22  the process of developing such a plan, is exempt from the 
 21.23  requirement to attend the overview. 
 21.24     Sec. 22.  Minnesota Statutes 1998, section 256J.52, 
 21.25  subdivision 2, is amended to read: 
 21.26     Subd. 2.  [INITIAL ASSESSMENT.] (a) The job counselor must, 
 21.27  with the cooperation of the participant, assess the 
 21.28  participant's ability to obtain and retain employment.  This 
 21.29  initial assessment must include a review of the participant's 
 21.30  education level, prior employment or work experience, 
 21.31  transferable work skills, and existing job markets. 
 21.32     (b) In assessing the participant, the job counselor must 
 21.33  determine if the participant needs refresher courses for 
 21.34  professional certification or licensure, in which case, the job 
 21.35  search plan under subdivision 3 must include the courses 
 21.36  necessary to obtain the certification or licensure, in addition 
 22.1   to other work activities, provided the combination of the 
 22.2   courses and other work activities are at least for 40 hours per 
 22.3   week.  
 22.4      (c) If a participant can demonstrate to the satisfaction of 
 22.5   the county agency that lack of proficiency in English is a 
 22.6   barrier to obtaining suitable employment, the job counselor must 
 22.7   include participation in an intensive English as a second 
 22.8   language program if available or otherwise a regular English as 
 22.9   a second language program in the individual's employment plan 
 22.10  under subdivision 5.  Lack of proficiency in English is not 
 22.11  necessarily a barrier to employment.  
 22.12     (d) The job counselor may approve an education or training 
 22.13  plan, and postpone the job search requirement, if the 
 22.14  participant has a proposal for an education program which: 
 22.15     (1) can be completed within 12 months; 
 22.16     (2) meets the criteria of section 256J.53, subdivisions 2, 
 22.17  3, and 5; and 
 22.18     (3) is likely, without additional training, to lead to 
 22.19  monthly employment earnings which, after subtraction of the 
 22.20  earnings disregard under section 256J.21, equal or exceed the 
 22.21  family wage level for the participant's assistance unit. 
 22.22     (e) A participant who, at the time of the initial 
 22.23  assessment, presents a plan that includes farming as a 
 22.24  self-employed work activity must have an employment plan 
 22.25  developed under subdivision 5 that includes the farming as an 
 22.26  approved work activity. 
 22.27     (f) Effective October 1, 2000, an alternative employment 
 22.28  plan must be developed and approved for a participant who at any 
 22.29  time declares or reveals current or past family violence.  
 22.30     Sec. 23.  Minnesota Statutes 1999 Supplement, section 
 22.31  256J.52, subdivision 3, is amended to read: 
 22.32     Subd. 3.  [JOB SEARCH; JOB SEARCH SUPPORT PLAN.] (a) If, 
 22.33  after the initial assessment, the job counselor determines that 
 22.34  the participant possesses sufficient skills that the participant 
 22.35  is likely to succeed in obtaining suitable employment, the 
 22.36  participant must conduct job search for a period of up to eight 
 23.1   weeks, for at least 30 hours per week.  The participant must 
 23.2   accept any offer of suitable employment.  Upon agreement by the 
 23.3   job counselor and the participant, a job search support plan may 
 23.4   limit a job search to jobs that are consistent with the 
 23.5   participant's employment goal.  The job counselor and 
 23.6   participant must develop a job search support plan which 
 23.7   specifies, at a minimum:  whether the job search is to be 
 23.8   supervised or unsupervised; support services that will be 
 23.9   provided while the participant conducts job search activities; 
 23.10  the courses necessary to obtain certification or licensure, if 
 23.11  applicable, and after obtaining the license or certificate, the 
 23.12  client must comply with subdivision 5; and how frequently the 
 23.13  participant must report to the job counselor on the status of 
 23.14  the participant's job search activities.  The job search support 
 23.15  plan may also specify that the participant fulfill a specified 
 23.16  portion of the required hours of job search through attending 
 23.17  adult basic education or English as a second language classes. 
 23.18     (b) A participant with low skills in reading or mathematics 
 23.19  who is proficient only at or below an eighth-grade level must be 
 23.20  allowed to include basic education activities in a job search 
 23.21  support plan. 
 23.22     (c) During the eight-week job search period, either the job 
 23.23  counselor or the participant may request a review of the 
 23.24  participant's job search plan and progress towards obtaining 
 23.25  suitable employment.  If a review is requested by the 
 23.26  participant, the job counselor must concur that the review is 
 23.27  appropriate for the participant at that time.  If a review is 
 23.28  conducted, the job counselor may make a determination to conduct 
 23.29  a secondary assessment prior to the conclusion of the job search.
 23.30     (c) (d) Failure to conduct the required job search, to 
 23.31  accept any offer of suitable employment, to develop or comply 
 23.32  with a job search support plan, or voluntarily quitting suitable 
 23.33  employment without good cause results in the imposition of a 
 23.34  sanction under section 256J.46.  If at the end of eight weeks 
 23.35  the participant has not obtained suitable employment, the job 
 23.36  counselor must conduct a secondary assessment of the participant 
 24.1   under subdivision 3 4. 
 24.2      Sec. 24.  Minnesota Statutes 1999 Supplement, section 
 24.3   256J.52, subdivision 5, is amended to read: 
 24.4      Subd. 5.  [EMPLOYMENT PLAN; CONTENTS.] (a) Based on the 
 24.5   secondary assessment under subdivision 4, the job counselor and 
 24.6   the participant must develop an employment plan for the 
 24.7   participant that includes specific activities that are tied to 
 24.8   an employment goal and a plan for long-term self-sufficiency, 
 24.9   and that is designed to move the participant along the most 
 24.10  direct path to unsubsidized employment.  The employment plan 
 24.11  must list the specific steps that will be taken to obtain 
 24.12  employment and a timetable for completion of each of the steps.  
 24.13  Upon agreement by the job counselor and the participant, the 
 24.14  employment plan may limit a job search to jobs that are 
 24.15  consistent with the participant's employment goal.  
 24.16     (b) As part of the development of the participant's 
 24.17  employment plan, the participant shall have the option of 
 24.18  selecting from among the vendors or resources that the job 
 24.19  counselor determines will be effective in supplying one or more 
 24.20  of the services necessary to meet the employment goals specified 
 24.21  in the participant's plan. In compiling the list of vendors and 
 24.22  resources that the job counselor determines would be effective 
 24.23  in meeting the participant's employment goals, the job counselor 
 24.24  must determine that adequate financial resources are available 
 24.25  for the vendors or resources ultimately selected by the 
 24.26  participant.  
 24.27     (c) A participant with low skills in reading or mathematics 
 24.28  who is proficient only at or below an eighth-grade level must be 
 24.29  allowed to include basic education activities in an employment 
 24.30  plan. 
 24.31     (d) The job counselor and the participant must sign the 
 24.32  developed plan to indicate agreement between the job counselor 
 24.33  and the participant on the contents of the plan. 
 24.34     Sec. 25.  Minnesota Statutes 1998, section 256J.52, 
 24.35  subdivision 6, is amended to read: 
 24.36     Subd. 6.  [SAFETY ALTERNATIVE EMPLOYMENT PLAN AND WAIVER 
 25.1   PROVISIONS.] Notwithstanding subdivisions 1 to 5, A participant 
 25.2   who is a victim of domestic family violence and who agrees to 
 25.3   develop or has developed a safety an alternative employment plan 
 25.4   meeting the definition under section 256J.49, subdivision 11 1a, 
 25.5   is deferred waived from the requirements of this section, 
 25.6   sections 256J.54, and 256J.55 for a period of three months from 
 25.7   the date the safety alternative employment plan is approved.  A 
 25.8   participant deferred under this subdivision must submit a safety 
 25.9   plan status report to the county agency on a quarterly basis.  
 25.10  Based on a review of the status report, the county agency may 
 25.11  approve or renew the participant's deferral each quarter, 
 25.12  provided the personal safety of the participant is still at risk 
 25.13  and the participant is complying with the plan.  A participant 
 25.14  who is deferred under this subdivision may be deferred for a 
 25.15  total of 12 months under a safety plan, provided the individual 
 25.16  is complying with the terms of the plan.  An alternative 
 25.17  employment plan must be reviewed and approved by a person 
 25.18  trained in domestic violence at the end of three months to 
 25.19  determine if the activities contained in the alternative 
 25.20  employment plan are still appropriate.  If the activities are 
 25.21  still appropriate, the alternative employment plan must be 
 25.22  renewed.  If the activities in the alternative employment plan 
 25.23  are no longer appropriate, the plan must be revised with the 
 25.24  assistance of a person trained in domestic violence.  If a plan 
 25.25  under this subdivision is no longer needed, the participant must 
 25.26  be referred for an initial assessment under subdivision 2. 
 25.27     Sec. 26.  Minnesota Statutes 1999 Supplement, section 
 25.28  256J.56, is amended to read: 
 25.29     256J.56 [EMPLOYMENT AND TRAINING SERVICES COMPONENT; 
 25.30  EXEMPTIONS.] 
 25.31     (a) An MFIP caregiver is exempt from the requirements of 
 25.32  sections 256J.52 to 256J.55 if the caregiver belongs to any of 
 25.33  the following groups: 
 25.34     (1) individuals who are age 60 or older; 
 25.35     (2) individuals who are suffering from a professionally 
 25.36  certified permanent or temporary illness, injury, or incapacity 
 26.1   which is expected to continue for more than 30 days and which 
 26.2   prevents the person from obtaining or retaining employment.  
 26.3   Persons in this category with a temporary illness, injury, or 
 26.4   incapacity must be reevaluated at least quarterly; 
 26.5      (3) caregivers whose presence in the home is required 
 26.6   because of the professionally certified illness or incapacity of 
 26.7   another member in the assistance unit, a relative in the 
 26.8   household, or a foster child in the household; 
 26.9      (4) women who are pregnant, if the pregnancy has resulted 
 26.10  in a professionally certified incapacity that prevents the woman 
 26.11  from obtaining or retaining employment; 
 26.12     (5) caregivers of a child under the age of one year who 
 26.13  personally provide full-time care for the child.  This exemption 
 26.14  may be used for only 12 months in a lifetime.  In two-parent 
 26.15  households, only one parent or other relative may qualify for 
 26.16  this exemption; 
 26.17     (6) individuals who are single parents, or one parent in a 
 26.18  two-parent family, employed at least 35 hours per week; 
 26.19     (7) individuals experiencing a personal or family crisis 
 26.20  that makes them incapable of participating in the program, as 
 26.21  determined by the county agency.  If the participant does not 
 26.22  agree with the county agency's determination, the participant 
 26.23  may seek professional certification, as defined in section 
 26.24  256J.08, that the participant is incapable of participating in 
 26.25  the program.  
 26.26     Persons in this exemption category must be reevaluated 
 26.27  every 60 days; or 
 26.28     (8) second parents in two-parent families employed for 20 
 26.29  or more hours per week, provided the first parent is employed at 
 26.30  least 35 hours per week. 
 26.31     A personal or family crisis related to family violence, as 
 26.32  determined by a job counselor with the assistance of a person 
 26.33  trained in domestic violence, should not result in an exemption 
 26.34  but should be addressed through the development or revision of 
 26.35  an alternative employment plan under section 256J.52, 
 26.36  subdivision 6. 
 27.1      A caregiver who is exempt under clause (5) must enroll in 
 27.2   and attend an early childhood and family education class, a 
 27.3   parenting class, or some similar activity, if available, during 
 27.4   the period of time the caregiver is exempt under this section.  
 27.5   Notwithstanding section 256J.46, failure to attend the required 
 27.6   activity shall not result in the imposition of a sanction. 
 27.7      (b) The county agency must provide employment and training 
 27.8   services to MFIP caregivers who are exempt under this section, 
 27.9   but who volunteer to participate.  Exempt volunteers may request 
 27.10  approval for any work activity under section 256J.49, 
 27.11  subdivision 13.  The hourly participation requirements for 
 27.12  nonexempt caregivers under section 256J.50, subdivision 5, do 
 27.13  not apply to exempt caregivers who volunteer to participate. 
 27.14     Sec. 27.  Minnesota Statutes 1999 Supplement, section 
 27.15  256J.62, subdivision 9, is amended to read: 
 27.16     Subd. 9.  [CONTINUATION OF CERTAIN SERVICES.] At the 
 27.17  request of the caregiver, the county may continue to provide 
 27.18  case management, counseling or other support services to a 
 27.19  participant following the participant's achievement of the 
 27.20  employment goal, for up to 12 months following termination of 
 27.21  the participant's eligibility for MFIP, as long as the 
 27.22  participant's household income is below 200 percent of the 
 27.23  federal poverty guidelines. 
 27.24     A county may expend funds for a specific employment and 
 27.25  training service for the duration of that service to a 
 27.26  participant if the funds are obligated or expended prior to the 
 27.27  participant losing MFIP eligibility. 
 27.28     Sec. 28.  [REVISOR INSTRUCTION.] 
 27.29     In the next edition of Minnesota Statutes and Minnesota 
 27.30  Rules, the revisor shall change all references to Minnesota 
 27.31  Family Investment Program-Statewide (MFIP-S) to Minnesota Family 
 27.32  Investment Program (MFIP). 
 27.33     Sec. 29.  [REPEALER.] 
 27.34     (a) Minnesota Statutes 1998, sections 256J.08, subdivision 
 27.35  50a; 256J.42, subdivision 3; and Minnesota Statutes 1999 
 27.36  Supplement, sections 256J.42, subdivision 5; 256J.43; and 
 28.1   256J.52, subdivision 5a, are repealed. 
 28.2      (b) Minnesota Statutes 1998, section 256J.49, subdivision 
 28.3   11; and Minnesota Statutes 1999 Supplement, section 256J.42, 
 28.4   subdivision 4, are repealed October 1, 2000. 
 28.5      Sec. 30.  [EFFECTIVE DATE.] 
 28.6      Section 1 is effective January 1, 2001.  Sections 4, 7, 10, 
 28.7   13, 15, 16, 17, 19, 20, and 23, are effective October 1, 2000.