SF 3359

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; expanding the diversionary 
  1.3             assistance program; making other changes to the 
  1.4             Minnesota family investment program; amending 
  1.5             Minnesota Statutes 1998, section 256J.47, subdivision 
  1.6             1; Minnesota Statutes 1999 Supplement, sections 
  1.7             256J.50, subdivision 1; and 256J.56. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 256J.47, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [ELIGIBILITY.] A family is eligible to 
  1.12  receive diversionary assistance once every 36 12 months if: 
  1.13     (1) a family member has resided in this state for at least 
  1.14  30 days; 
  1.15     (2) the caregiver provides verification that the caregiver 
  1.16  has either experienced an unexpected occurrence that makes it 
  1.17  impossible to retain or obtain employment or the caregiver has a 
  1.18  temporary loss of income, which is not due to refusing to accept 
  1.19  or terminating suitable employment as defined in section 
  1.20  256J.49, without good cause under section 256J.57, resulting in 
  1.21  an emergency; 
  1.22     (3) the caregiver is at risk of MFIP-S eligibility if 
  1.23  diversionary assistance is not provided and household income is 
  1.24  below 140 200 percent of the federal poverty guidelines; and 
  1.25     (4) the diversionary assistance will resolve the emergency 
  1.26  and divert the family from applying for MFIP-S. 
  2.1      For purposes of this section, diversionary assistance means 
  2.2   a one-time lump-sum payment to an individual or third-party 
  2.3   vendor to prevent long-term receipt of public assistance. 
  2.4      Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  2.5   256J.50, subdivision 1, is amended to read: 
  2.6      Subdivision 1.  [EMPLOYMENT AND TRAINING SERVICES COMPONENT 
  2.7   OF MFIP.] (a) By January 1, 1998, each county must develop and 
  2.8   implement an employment and training services component of MFIP 
  2.9   which is designed to put participants on the most direct path to 
  2.10  unsubsidized employment.  Participation in these services is 
  2.11  mandatory for all MFIP caregivers, unless the caregiver is 
  2.12  exempt under section 256J.56. 
  2.13     (b) A county must provide employment and training services 
  2.14  under sections 256J.515 to 256J.74 within 30 days after the 
  2.15  caregiver's participation becomes mandatory under subdivision 5. 
  2.16     (c) If a county anticipates having unexpended employment 
  2.17  and training funds at the end of its fiscal year after having 
  2.18  served all eligible MFIP-S participants, the county may provide 
  2.19  employment and training services to a noncustodial parent who is 
  2.20  not currently receiving those services before the end of the 
  2.21  county's fiscal year. 
  2.22     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  2.23  256J.56, is amended to read: 
  2.24     256J.56 [EMPLOYMENT AND TRAINING SERVICES COMPONENT; 
  2.25  EXEMPTIONS.] 
  2.26     (a) An MFIP caregiver is exempt from the requirements of 
  2.27  sections 256J.52 to 256J.55 if the caregiver belongs to any of 
  2.28  the following groups: 
  2.29     (1) individuals who are age 60 or older; 
  2.30     (2) individuals who are suffering from a professionally 
  2.31  certified permanent or temporary illness, injury, or incapacity 
  2.32  which is expected to continue for more than 30 days and which 
  2.33  prevents the person from obtaining or retaining employment.  
  2.34  Persons in this category with a temporary illness, injury, or 
  2.35  incapacity must be reevaluated at least quarterly; 
  2.36     (3) caregivers whose presence in the home is required 
  3.1   because of the professionally certified illness or incapacity of 
  3.2   another member in the assistance unit, a relative in the 
  3.3   household, or a foster child in the household; 
  3.4      (4) women who are pregnant, if the pregnancy has resulted 
  3.5   in a professionally certified incapacity that prevents the woman 
  3.6   from obtaining or retaining employment; 
  3.7      (5) caregivers of a child under the age of one year who 
  3.8   personally provide full-time care for the child.  This exemption 
  3.9   may be used for only 12 months in a lifetime.  In two-parent 
  3.10  households, only one parent or other relative may qualify for 
  3.11  this exemption; 
  3.12     (6) individuals who are single parents, or one parent in a 
  3.13  two-parent family, employed at least 35 hours per week; 
  3.14     (7) individuals experiencing a personal or family crisis 
  3.15  that makes them incapable of participating in the program, as 
  3.16  determined by the county agency.  If the participant does not 
  3.17  agree with the county agency's determination, the participant 
  3.18  may seek professional certification, as defined in section 
  3.19  256J.08, that the participant is incapable of participating in 
  3.20  the program. 
  3.21     Persons in this exemption category must be reevaluated 
  3.22  every 60 days; or 
  3.23     (8) second parents in two-parent families employed for 20 
  3.24  or more hours per week, provided the first parent is employed at 
  3.25  least 35 hours per week. 
  3.26     A caregiver who is exempt under clause (5) must enroll in 
  3.27  and attend an early childhood and family education class, a 
  3.28  parenting class, or some similar activity, if available, during 
  3.29  the period of time the caregiver is exempt under this section.  
  3.30  Notwithstanding section 256J.46, failure to attend the required 
  3.31  activity shall not result in the imposition of a sanction. 
  3.32     (b) The county agency must provide employment and training 
  3.33  services to MFIP caregivers who are exempt under this section, 
  3.34  but who volunteer to participate.  Exempt volunteers may request 
  3.35  approval for any work activity under section 256J.49, 
  3.36  subdivision 13.  The county agency shall identify caregivers who 
  4.1   have been exempt under paragraph (a), clause (6), for six 
  4.2   consecutive months and offer such caregivers a referral to 
  4.3   employment and training services.  The hourly participation 
  4.4   requirements and sanction provisions for nonexempt caregivers 
  4.5   under section 256J.50, subdivision 5, do not apply to exempt 
  4.6   caregivers who volunteer to participate.