Minnesota Legislature
SF 3915
as introduced - 90th Legislature (2017 - 2018) Posted on 07/13/2018 01:25pm
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A bill for an act
relating to human services; modifying child care provisions related to families
experiencing homelessness; amending Minnesota Statutes 2016, sections 119B.011,
by adding a subdivision; 119B.03, subdivision 9; Minnesota Statutes 2017
Supplement, sections 119B.011, subdivision 20; 119B.025, subdivision 1;
119B.095, by adding a subdivision; 119B.13, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 119B.011, is amended by adding a subdivision
to read:
new text begin Subd. 13b. new text end
new text begin Homeless. new text end
new text begin
"Homeless" means a self-declared housing status as defined in
the McKinney-Vento Homeless Assistance Act and United States Code, title 42, section
11302, paragraph (a).
new text end
Sec. 2.
Minnesota Statutes 2017 Supplement, section 119B.011, subdivision 20, is amended
to read:
Subd. 20.
Transition year families.
"Transition year families" means families who have
received MFIP assistance, or who were eligible to receive MFIP assistance after choosing
to discontinue receipt of the cash portion of MFIP assistance under section 256J.31,
subdivision 12, or families who have received DWP assistance under section 256J.95 for
at least deleted text begin threedeleted text end new text begin onenew text end of the last six months before losing eligibility for MFIP or DWP.
Notwithstanding Minnesota Rules, parts 3400.0040, subpart 10, and 3400.0090, subpart 2,
transition year child care may be used to support employment, approved education or training
programs, or job search that meets the requirements of section 119B.10. Transition year
child care is not available to families who have been disqualified from MFIP or DWP due
to fraud.
Sec. 3.
Minnesota Statutes 2017 Supplement, section 119B.025, subdivision 1, is amended
to read:
Subdivision 1.
Applications.
(a) new text begin Except as provided in paragraph (c), clause (4), new text end the
county shall verify the following at all initial child care applications using the universal
application:
(1) identity of adults;
(2) presence of the minor child in the home, if questionable;
(3) relationship of minor child to the parent, stepparent, legal guardian, eligible relative
caretaker, or the spouses of any of the foregoing;
(4) age;
(5) immigration status, if related to eligibility;
(6) Social Security number, if given;
(7) counted income;
(8) spousal support and child support payments made to persons outside the household;
(9) residence; and
(10) inconsistent information, if related to eligibility.
(b) The county must mail a notice of approval or denial of assistance to the applicant
within 30 calendar days after receiving the application. The county may extend the response
time by 15 calendar days if the applicant is informed of the extension.
new text begin
(c) For an applicant who declares that the applicant is homeless and who meets the
definition of homeless in section 119B.011, subdivision 13b, the county must:
new text end
new text begin
(1) if additional information is needed to determine eligibility, send a request for
information to the applicant within five working days after receiving the application;
new text end
new text begin
(2) if the applicant is eligible, send a notice of approval of assistance within five working
days after receiving the application;
new text end
new text begin
(3) if the applicant is ineligible, send a notice of denial of assistance within 30 days after
receiving the application. The county may extend the response time by 15 calendar days if
the applicant is informed of the extension;
new text end
new text begin
(4) not require verifications required by paragraph (a) before issuing the notice of approval
or denial; and
new text end
new text begin
(5) follow limits set by the commissioner for how frequently expedited application
processing may be used for an applicant who declares that the applicant is homeless.
new text end
new text begin
(d) An applicant who declares that the applicant is homeless must submit proof of
eligibility within three months of the date the application was received. If proof of eligibility
is not submitted within three months, eligibility ends. A 15-day adverse action notice is
required to end eligibility.
new text end
Sec. 4.
Minnesota Statutes 2016, section 119B.03, subdivision 9, is amended to read:
Subd. 9.
Portability pool.
(a) The commissioner shall establish a pool of up to five
percent of the annual appropriation for the basic sliding fee program to provide continuous
child care assistance for eligible families who move between Minnesota counties. At the
end of each allocation period, any unspent funds in the portability pool must be used for
assistance under the basic sliding fee program. If expenditures from the portability pool
exceed the amount of money available, the reallocation pool must be reduced to cover these
shortages.
(b) deleted text begin To be eligible for portable basic sliding fee assistance,deleted text end A family that has moved from
a county in which it was receiving basic sliding fee assistance to a county with a waiting
list for the basic sliding fee program must:
(1) meet the income and eligibility guidelines for the basic sliding fee program; and
(2) notify deleted text begin the new county of residence within 60 days of moving and submit information
to the new county of residence to verify eligibility for the basic sliding fee programdeleted text end new text begin the
family's previous county of residence of the family's move to a new county of residencenew text end .
(c) The receiving county must:
(1) accept administrative responsibility for applicants for portable basic sliding fee
assistance at the end of the two months of assistance under the Unitary Residency Act;
(2) continue new text begin portability pool new text end basic sliding fee assistance deleted text begin for the lesser of six months ordeleted text end
until the family is able to receive assistance under the county's regular basic sliding program;
and
(3) notify the commissioner through the quarterly reporting process of any family that
meets the criteria of the portable basic sliding fee assistance pool.
Sec. 5.
Minnesota Statutes 2017 Supplement, section 119B.095, is amended by adding a
subdivision to read:
new text begin Subd. 3. new text end
new text begin Assistance for persons who are experiencing homelessness. new text end
new text begin
An applicant
who is homeless and eligible for child care assistance under this chapter is eligible for 60
hours of child care assistance per service period for three months from the date the county
receives the application. Additional hours may be authorized as needed based on the
applicant's participation in employment, education, or MFIP or DWP employment plan. To
continue receiving child care assistance after the initial three months, the parent must verify
that the parent meets eligibility and activity requirements for child care assistance under
this chapter.
new text end
Sec. 6.
Minnesota Statutes 2017 Supplement, section 119B.13, subdivision 1, is amended
to read:
Subdivision 1.
Subsidy restrictions.
(a) deleted text begin Beginning February 3, 2014,deleted text end The maximum
rate paid for child care assistance in any county or county price cluster under the child care
fund shall be the greater of the 25th percentile of the deleted text begin 2011deleted text end new text begin most recentnew text end child care provider
rate survey new text begin under section 119B.02, subdivision 7, new text end or the deleted text begin maximum rate effective November
28, 2011.deleted text end new text begin rates in effect at the time of the update. The first maximum rate update must be
based on the 2018 rate survey and take effect February 22, 2019. The second maximum
rate update must be based on the 2020 rate survey and take effect February 23, 2021.
Thereafter, maximum rate updates take effect February 22 in the year following the most
recent rate survey.new text end For a child care provider located within the boundaries of a city located
in two or more of the counties of Benton, Sherburne, and Stearns, the maximum rate paid
for child care assistance shall be equal to the maximum rate paid in the county with the
highest maximum reimbursement rates or the provider's charge, whichever is less. The
commissioner may: (1) assign a county with no reported provider prices to a similar price
cluster; and (2) consider county level access when determining final price clusters.
(b) A rate which includes a special needs rate paid under subdivision 3 may be in excess
of the maximum rate allowed under this subdivision.
(c) The department shall monitor the effect of this paragraph on provider rates. The
county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care on
an hourly, full-day, and weekly basis, including special needs and disability care.
(d) If a child uses one provider, the maximum payment for one day of care must not
exceed the daily rate. The maximum payment for one week of care must not exceed the
weekly rate.
(e) If a child uses two providers under section 119B.097, the maximum payment must
not exceed:
(1) the daily rate for one day of care;
(2) the weekly rate for one week of care by the child's primary provider; and
(3) two daily rates during two weeks of care by a child's secondary provider.
(f) Child care providers receiving reimbursement under this chapter must not be paid
activity fees or an additional amount above the maximum rates for care provided during
nonstandard hours for families receiving assistance.
(g) If the provider charge is greater than the maximum provider rate allowed, the parent
is responsible for payment of the difference in the rates in addition to any family co-payment
fee.
(h) All maximum provider rates changes shall be implemented on the Monday following
the effective date of the maximum provider rate.
(i) Notwithstanding Minnesota Rules, part 3400.0130, subpart 7, maximum registration
fees in effect on January 1, 2013, shall remain in effect.
Sec. 7. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 6 are effective contingent upon receipt of federal child care and development
funds in an amount sufficient to cover the cost associated with the amendments to those
sections and satisfactory completion of the requirements in Minnesota Statutes, section
3.3005. The commissioner of human services shall notify the revisor of statutes when
sections 1 to 6 are effective.
new text end