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Minnesota Legislature

Office of the Revisor of Statutes

SF 3568

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human services; increasing the appropriation for child support
enforcement; requiring an annual appropriation for child support incentives;
amending Minnesota Statutes 2006, section 256.979, subdivision 11; Laws 2007,
chapter 147, article 19, section 3, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 256.979, subdivision 11, is amended to
read:


Subd. 11.

Federal child support incentives.

(a) The commissioner of human
services shall distribute to the counties the earned federal child support incentive payments
using the methodology specified in Title IV-D of the Social Security Act and applicable
federal regulations for earning federal incentives by the states except for the paternity
portion of the incentive. The commissioner shall distribute the federal paternity incentive
earned using the IV-D paternity establishment percentage. The commissioner shall follow
the federal transition plans in distributing the incentives to the counties. The commissioner
shall distribute to the county child support agency estimated federal incentive payments
within 60 days after the end of each calendar quarter. The commissioner shall issue actual
federal incentive payments to the county agency within 60 days of receiving the final
federal incentive grant award from the federal agency.

(b) The county child support agency shall reinvest incentive funds disbursed under
this section in the county child support enforcement program. These funds may not be
used by a county to reduce funding of the child support enforcement program by the
amount of the incentive earned below the base amount allowed under the applicable
federal regulations. The county agency shall maintain a record of incentives earned and
expended according to a procedure approved by the commissioner. The county agency
shall repay any incentive erroneously issued.

new text begin (c) Each calendar year, the commissioner of human services shall distribute to
the counties an amount of funds the counties would have received as federal financial
participation for expenditure of the federal child support incentives earned by each county.
The legislature shall appropriate sufficient funds to the commissioner of human services
each state fiscal year to make this distribution.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2009.
new text end

Sec. 2.

Laws 2007, chapter 147, article 19, section 3, subdivision 4, is amended to read:


Subd. 4.

Children and Economic Assistance
Grants

The amounts that may be spent from this
appropriation for each purpose are as follows:

(a) MFIP/DWP Grants
Appropriations by Fund
General
62,069,000
62,405,000
Federal TANF
75,904,000
80,841,000
(b) Support Services Grants
Appropriations by Fund
General
8,715,000
8,715,000
Federal TANF
113,429,000
115,902,000

TANF Prior Appropriation Cancellation.
Notwithstanding Laws 2001, First Special
Session chapter 9, article 17, section
2, subdivision 11, paragraph (b), any
unexpended TANF funds appropriated to the
commissioner to contract with the Board of
Trustees of Minnesota State Colleges and
Universities, to provide tuition waivers to
employees of health care and human service
providers that are members of qualifying
consortia operating under Minnesota
Statutes, sections 116L.10 to 116L.15, must
cancel at the end of fiscal year 2007.

MFIP Pilot Program. Of the TANF
appropriation, $100,000 in fiscal year 2008
and $750,000 in fiscal year 2009 are for a
grant to the Stearns-Benton Employment and
Training Council for the Workforce U pilot
program. Base level funding for this program
shall be $750,000 in 2010 and $0 in 2011.

Supported Work. (1) Of the TANF
appropriation, $5,468,000 in fiscal year
2008 and $7,291,000 in fiscal year
2009 are for supported work for MFIP
participants, to be allocated to counties
and tribes based on the criteria under
clauses (2) and (3). Paid transitional work
experience and other supported employment
under this rider provides a continuum of
employment assistance, including outreach
and recruitment, program orientation
and intake, testing and assessment, job
development and marketing, preworksite
training, supported worksite experience, job
coaching, and postplacement follow-up, in
addition to extensive case management and
referral services. * (The preceding text "and
$7,291,000 in fiscal year 2009" was indicated
as vetoed by the governor.)

(2) A county or tribe is eligible to receive an
allocation under this rider if:

(i) the county or tribe is not meeting the
federal work participation rate;

(ii) the county or tribe has participants who
are required to perform work activities under
Minnesota Statutes, chapter 256J, but are not
meeting hourly work requirements; and

(iii) the county or tribe has assessed
participants who have completed six weeks
of job search or are required to perform
work activities and are not meeting the
hourly requirements, and the county or tribe
has determined that the participant would
benefit from working in a supported work
environment.

(3) A county or tribe may also be eligible for
funds in order to contract for supplemental
hours of paid work at the participant's child's
place of education, child care location, or the
child's physical or mental health treatment
facility or office. This grant to counties and
tribes is specifically for MFIP participants
who need to work up to five hours more
per week in order to meet the hourly work
requirement, and the participant's employer
cannot or will not offer more hours to the
participant.

Work Study. Of the TANF appropriation,
$750,000 each year are to the commissioner
to contract with the Minnesota Office of
Higher Education for the biennium beginning
July 1, 2007, for work study grants under
Minnesota Statutes, section 136A.233,
specifically for low-income individuals who
receive assistance under Minnesota Statutes,
chapter 256J, and for grants to opportunities
industrialization centers. * (The preceding
text beginning "Work Study. Of the TANF
appropriation," was indicated as vetoed by
the governor.)

Integrated Service Projects. $2,500,000
in fiscal year 2008 and $2,500,000 in fiscal
year 2009 are appropriated from the TANF
fund to the commissioner to continue to
fund the existing integrated services projects
for MFIP families, and if funding allows,
additional similar projects.

Base Adjustment. The TANF base for fiscal
year 2010 is $115,902,000 and for fiscal year
2011 is $115,152,000.

(c) MFIP Child Care Assistance Grants
General
74,654,000
71,951,000
(d) Basic Sliding Fee Child Care Assistance
Grants
General
42,995,000
45,008,000

Base Adjustment. The general fund base
is $44,881,000 for fiscal year 2010 and
$44,852,000 for fiscal year 2011.

At-Home Infant Care Program. No
funding shall be allocated to or spent on
the at-home infant care program under
Minnesota Statutes, section 119B.035.

(e) Child Care Development Grants
General
4,390,000
6,390,000

Prekindergarten Exploratory Projects. Of
the general fund appropriation, $2,000,000
the first year and $4,000,000 the second
year are for grants to the city of St. Paul,
Hennepin County, and Blue Earth County to
establish scholarship demonstration projects
to be conducted in partnership with the
Minnesota Early Learning Foundation to
promote children's school readiness. This
appropriation is available until June 30, 2009.

Child Care Services Grants. Of this
appropriation, $500,000 each year are for
the purpose of providing child care services
grants under Minnesota Statutes, section
119B.21, subdivision 5. This appropriation
is for the 2008-2009 biennium only, and does
not increase the base funding.

Early Childhood Professional
Development System.
Of this appropriation,
$500,000 each year are for purposes of the
early childhood professional development
system, which increases the quality and
continuum of professional development
opportunities for child care practitioners.
This appropriation is for the 2008-2009
biennium only, and does not increase the
base funding.

Base Adjustment. The general fund base
is $1,515,000 for each of fiscal years 2010
and 2011.

(f) Child Support Enforcement Grants
General
11,038,000
3,705,000

Child Support Enforcement. $7,333,000
for fiscal year 2008new text begin and $8,000,000 for fiscal
year 2009
new text end deleted text beginisdeleted text endnew text begin arenew text end to make grants to counties
for child support enforcement programs to
make up for the loss under the 2005 federal
Deficit Reduction Act of federal matching
funds for federal incentive funds passed on
to the counties by the state.

This appropriation is available until June 30,
deleted text begin 2009deleted text endnew text begin 2010, and is added to the agency's basenew text end.

(g) Children's Services Grants
Appropriations by Fund
General
63,647,000
71,147,000
Health Care Access
250,000
-0-
TANF
240,000
340,000

Grants for Programs Serving Young
Parents.
Of the TANF fund appropriation,
$140,000 each year is for a grant to a program
or programs that provide comprehensive
services through a private, nonprofit agency
to young parents in Hennepin County who
have dropped out of school and are receiving
public assistance. The program administrator
shall report annually to the commissioner on
skills development, education, job training,
and job placement outcomes for program
participants.

County Allocations for Rate Increases.
County Children and Community Services
Act allocations shall be increased by
$197,000 effective October 1, 2007, and
$696,000 effective October 1, 2008, to help
counties pay for the rate adjustments to
day training and habilitation providers for
participants paid by county social service
funds. Notwithstanding the provisions of
Minnesota Statutes, section 256M.40, the
allocation to a county shall be based on
the county's proportion of social services
spending for day training and habilitation
services as determined in the most recent
social services expenditure and grant
reconciliation report.

Privatized Adoption Grants. Federal
reimbursement for privatized adoption grant
and foster care recruitment grant expenditures
is appropriated to the commissioner for
adoption grants and foster care and adoption
administrative purposes.

Adoption Assistance Incentive Grants.
Federal funds available during fiscal year
2008 and fiscal year 2009 for the adoption
incentive grants are appropriated to the
commissioner for these purposes.

Adoption Assistance and Relative Custody
Assistance.
The commissioner may transfer
unencumbered appropriation balances for
adoption assistance and relative custody
assistance between fiscal years and between
programs.

Children's Mental Health Grants. Of the
general fund appropriation, $5,913,000 in
fiscal year 2008 and $6,825,000 in fiscal year
2009 are for children's mental health grants.
The purpose of these grants is to increase and
maintain the state's children's mental health
service capacity, especially for school-based
mental health services. The commissioner
shall require grantees to utilize all available
third party reimbursement sources as a
condition of using state grant funds. At
least 15 percent of these funds shall be
used to encourage efficiencies through early
intervention services. At least another 15
percent shall be used to provide respite care
services for children with severe emotional
disturbance at risk of out-of-home placement.

Mental Health Crisis Services. Of the
general fund appropriation, $2,528,000 in
fiscal year 2008 and $2,850,000 in fiscal year
2009 are for statewide funding of children's
mental health crisis services. Providers must
utilize all available funding streams.

Children's Mental Health Evidence-Based
and Best Practices.
Of the general fund
appropriation, $375,000 in fiscal year 2008
and $750,000 in fiscal year 2009 are for
children's mental health evidence-based and
best practices including, but not limited
to: Adolescent Integrated Dual Diagnosis
Treatment services; school-based mental
health services; co-location of mental
health and physical health care, and; the
use of technological resources to better
inform diagnosis and development of
treatment plan development by mental
health professionals. The commissioner
shall require grantees to utilize all available
third-party reimbursement sources as a
condition of using state grant funds.

Culturally Specific Mental Health
Treatment Grants.
Of the general fund
appropriation, $75,000 in fiscal year 2008
and $300,000 in fiscal year 2009 are for
children's mental health grants to support
increased availability of mental health
services for persons from cultural and
ethnic minorities within the state. The
commissioner shall use at least 20 percent
of these funds to help members of cultural
and ethnic minority communities to become
qualified mental health professionals and
practitioners. The commissioner shall assist
grantees to meet third-party credentialing
requirements and require them to utilize all
available third-party reimbursement sources
as a condition of using state grant funds.

Mental Health Services for Children with
Special Treatment Needs.
Of the general
fund appropriation, $50,000 in fiscal year
2008 and $200,000 in fiscal year 2009 are
for children's mental health grants to support
increased availability of mental health
services for children with special treatment
needs. These shall include, but not be limited
to: victims of trauma, including children
subjected to abuse or neglect, veterans and
their families, and refugee populations;
persons with complex treatment needs, such
as eating disorders; and those with low
incidence disorders.

MFIP and Children's Mental Health
Pilot Project.
Of the TANF appropriation,
$100,000 in fiscal year 2008 and $200,000
in fiscal year 2009 are to fund the MFIP
and children's mental health pilot project.
Of these amounts, up to $100,000 may be
expended on evaluation of this pilot.

Prenatal Alcohol or Drug Use. Of the
general fund appropriation, $75,000 each
year is to award grants beginning July 1,
2007, to programs that provide services
under Minnesota Statutes, section 254A.171,
in Pine, Kanabec, and Carlton Counties. This
appropriation shall become part of the base
appropriation.

Base Adjustment. The general fund base
is $62,572,000 in fiscal year 2010 and
$62,575,000 in fiscal year 2011.

(h) Children and Community Services Grants
General
101,369,000
69,208,000

Base Adjustment. The general fund base
is $69,274,000 in each of fiscal years 2010
and 2011.

Targeted Case Management Temporary
Funding.
(a) Of the general fund
appropriation, $32,667,000 in fiscal year
2008 is transferred to the targeted case
management contingency reserve account in
the general fund to be allocated to counties
and tribes affected by reductions in targeted
case management federal Medicaid revenue
as a result of the provisions in the federal
Deficit Reduction Act of 2005, Public Law
109-171.

(b) Contingent upon (1) publication by the
federal Centers for Medicare and Medicaid
Services of final regulations implementing
the targeted case management provisions
of the federal Deficit Reduction Act of
2005, Public Law 109-171, or (2) the
issuance of a finding by the Centers for
Medicare and Medicaid Services of federal
Medicaid overpayments for targeted case
management expenditures, up to $32,667,000
is appropriated to the commissioner of human
services. Prior to distribution of funds, the
commissioner shall estimate and certify the
amount by which the federal regulations or
federal disallowance will reduce targeted
case management Medicaid revenue over the
2008-2009 biennium.

(c) Within 60 days of a contingency described
in paragraph (b), the commissioner shall
distribute the grants proportionate to each
affected county or tribe's targeted case
management federal earnings for calendar
year 2005, not to exceed the lower of (1) the
amount of the estimated reduction in federal
revenue or (2) $32,667,000.

(d) These funds are available in either year of
the biennium. Counties and tribes shall use
these funds to pay for social service-related
costs, but the funds are not subject to
provisions of the Children and Community
Services Act grant under Minnesota Statutes,
chapter 256M.

(e) This appropriation shall be available to
pay counties and tribes for expenses incurred
on or after July 1, 2007. The appropriation
shall be available until expended.

(i) General Assistance Grants
General
37,876,000
38,253,000

General Assistance Standard. The
commissioner shall set the monthly standard
of assistance for general assistance units
consisting of an adult recipient who is
childless and unmarried or living apart
from parents or a legal guardian at $203.
The commissioner may reduce this amount
according to Laws 1997, chapter 85, article
3, section 54.

Emergency General Assistance. The
amount appropriated for emergency general
assistance funds is limited to no more
than $7,889,812 in fiscal year 2008 and
$7,889,812 in fiscal year 2009. Funds
to counties must be allocated by the
commissioner using the allocation method
specified in Minnesota Statutes, section
256D.06.

(j) Minnesota Supplemental Aid Grants
General
30,505,000
30,812,000

Emergency Minnesota Supplemental
Aid Funds.
The amount appropriated for
emergency Minnesota supplemental aid
funds is limited to no more than $1,100,000
in fiscal year 2008 and $1,100,000 in fiscal
year 2009. Funds to counties must be
allocated by the commissioner using the
allocation method specified in Minnesota
Statutes, section 256D.46.

(k) Group Residential Housing Grants
General
91,069,000
98,671,000

People Incorporated. Of the general fund
appropriation, $460,000 each year is to
augment community support and mental
health services provided to individuals
residing in facilities under Minnesota
Statutes, section 256I.05, subdivision 1m.

(l) Other Children and Economic Assistance
Grants
General
20,183,000
16,333,000
Federal TANF
1,500,000
1,500,000

Base Adjustment. The general fund base
shall be $16,033,000 in fiscal year 2010 and
$15,533,000 in fiscal year 2011. The TANF
base shall be $1,500,000 in fiscal year 2010
and $1,181,000 in fiscal year 2011.

Homeless and Runaway Youth. Of the
general fund appropriation, $500,000 each
year are for the Runaway and Homeless
Youth Act under Minnesota Statutes, section
256K.45. Funds shall be spent in each area
of the continuum of care to ensure that
programs are meeting the greatest need. This
is a onetime appropriation.

Long-Term Homelessness. Of the general
fund appropriation, $1,500,000 each year are
for implementation of programs to address
long-term homelessness. This is a onetime
appropriation.

Minnesota Community Action Grants. (a)
Of the general fund appropriation, $250,000
each year is for the purposes of Minnesota
community action grants under Minnesota
Statutes, sections 256E.30 to 256E.32. This
is a onetime appropriation.

(b) Of the TANF appropriation, $1,500,000
each year is for community action agencies
for auto repairs, auto loans, and auto purchase
grants to individuals who are eligible to
receive benefits under Minnesota Statutes,
chapter 256J, or who have lost eligibility
for benefits under Minnesota Statutes,
chapter 256J, due to earnings in the prior 12
months. Base level funding for this activity
shall be $1,500,000 in fiscal year 2010
and $1,181,000 in fiscal year 2011. * (The
preceding text beginning "(b) Of the TANF
appropriation," was indicated as vetoed by
the governor.)

(c) Money appropriated under paragraphs (a)
and (b) that is not spent in the first year does
not cancel but is available for the second
year.