Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 465-H.F.No. 219
An act relating to human services; providing for
MNJOBS program; making changes to MFIP and income
assistance programs; changing assistance programs;
changing health plan regulations; requiring coverage
for treatment of Lyme disease; appropriating money;
amending Minnesota Statutes 1994, sections 53A.09;
62A.047; 256.031, by adding a subdivision; 256.033, by
adding a subdivision; 256.034, by adding a
subdivision; 256.035, subdivisions 1 and 6a; 256.73,
subdivision 1, and by adding subdivisions; 256.736,
subdivisions 1a, 3b, 4, and 12; 256D.06, by adding a
subdivision; 256D.10; 256D.49, subdivision 3; 256E.08,
subdivision 8; and 336.3-206; Minnesota Statutes 1995
Supplement, sections 256.0475, by adding a
subdivision; 256.048, subdivisions 1, 4, 6, and 13;
256.73, subdivision 8; 256.736, subdivisions 10, 10a,
14, and 16; 256.737, subdivision 7; 256.76,
subdivision 1; 256.81; 256D.02, subdivision 12a;
256D.03, subdivisions 2, 2a, and 3; 256D.05,
subdivision 1; 256D.051, subdivisions 1 and 6;
256D.055; and 256D.09, subdivision 1; proposing coding
for new law in Minnesota Statutes, chapters 62A and
256; repealing Minnesota Statutes 1994, section
256.736, subdivisions 10b and 11; Minnesota Statutes
1995 Supplement, section 256.736, subdivision 13.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
MNJOBS PROGRAM
Section 1. [256.7381] [MNJOBS PROGRAM.]
Subdivision 1. [CITATION.] Sections 256.7381 to 256.7387
may be cited as the MNJOBS program.
Subd. 2. [DEFINITIONS.] As used in sections 256.7381 to
256.7387, the following words have the meanings given them.
(a) "Recipient" means an individual who is receiving AFDC.
(b) "Caretaker" means a parent or eligible adult, including
a pregnant woman, who is part of the assistance unit that has
applied for or is receiving AFDC or a grant.
(c) "Child support" means a voluntary or court-ordered
payment by a noncustodial parent.
(d) "Commissioner" means the commissioner of human services.
(e) "Employability development plan" or "EDP" means a plan
developed by the recipient, with advice from the employment
advisor, for the purposes of identifying an employment goal,
improving work skills through certification or education,
training or skills recertification, and which addresses barriers
to employment.
(f) "Employment advisor" means a provider staff person who
is qualified to assist the participant to develop a job search
or employability development plan, match the participant with
existing job openings, refer the participant to employers, and
has an extensive knowledge of employers in the area.
(g) "Financial specialist" means a program staff who is
trained to explain the benefits offered under the program,
determine eligibility for different assistance programs, and
broker other resources.
(h) "Participant" means a recipient who is required to
participate in the MNJOBS program.
(i) "Program" means the MNJOBS program.
(j) "Provider" means an employment and training agency
certified by the commissioner of economic security under section
268.871, subdivision 1.
(k) "Suitable employment" means employment which meets
conditions set forth in section 256.736, subdivision 1, clause
(h).
Subd. 3. [ESTABLISHING THE MNJOBS PROGRAM.] At the request
of a county or counties, the commissioners of human services and
economic security shall develop and establish the MNJOBS
program, which requires recipients of AFDC to meet the
requirements of the program. The purpose of the program is to:
(1) ensure that the participant is working as soon as
possible;
(2) promote a greater opportunity for economic
self-support, participation, and mobility in the work force; and
(3) minimize the risk for long-term welfare dependency.
Subd. 4. [COUNTY DESIGN; MNJOBS PROGRAM.] The commissioner
shall issue a notice to counties to submit a plan for developing
and implementing a MNJOBS program. The plan must be consistent
with provisions of the program.
The commissioner shall not approve a county plan that would
have an adverse impact on the Minnesota family investment
program (MFIP) or the MFIP evaluation. However, this does not
preclude MFIP counties from operating a MNJOBS program. If the
plan meets the requirements of the program, the commissioner
shall approve the county plan and the county may implement the
plan. No county may implement a MNJOBS program without an
approved modification to its local service unit plan in
accordance with section 268.88.
Subd. 5. [PROGRAM ADMINISTRATION.] The program must be
administered in a way that, in addition to the county agency,
other sectors in the community, such as employers from the
public and private sectors, not-for-profit organizations,
educational and social service agencies, labor unions, and
community-based organizations, are involved.
Subd. 6. [PROGRAM DESIGN.] The purpose of the program is
to enable immediate labor force participation and assist
families in achieving self-sufficiency. The program plan must
meet the following principles:
(1) work is the primary means of economic support;
(2) the individual's employment potential is reviewed
during the development of the EDP;
(3) public aid such as cash and medical assistance, child
care, child support, and other cash benefits are used to support
intensive job search and immediate work; and
(4) maximum use is made of tax credits to supplement income.
Subd. 7. [WAIVER REQUESTS.] The commissioner shall request
all waivers of federal law and regulation as soon as possible to
implement the program. Upon obtaining all necessary federal
waivers, the commissioner shall amend the state plans for the
AFDC and the jobs opportunities and basic skills program (JOBS),
and supportive services plan to coordinate these programs under
the MNJOBS program for the approved counties, and shall seek
approval of state plan amendments.
Subd. 8. [DUTIES OF COMMISSIONER.] In addition to any
other duties imposed by law, the commissioner shall:
(1) request all waivers to implement the program;
(2) establish the MNJOBS program;
(3) provide systems development and staff training;
(4) accept and supervise the disbursement of any funds that
may be provided from other sources for use in the program;
(5) approve county MNJOBS plans; and
(6) allocate program funds.
Subd. 9. [DUTIES OF COUNTY AGENCY.] The county agency
shall:
(1) collaborate with the commissioners of human services,
economic security, and other agencies to develop, implement, and
evaluate the demonstration of the program;
(2) operate the program in partnership with private and
public employers, workforce councils, labor unions, and
employment, educational, and social service agencies, and
according to subdivision 5; and
(3) ensure that program components such as client
orientation, immediate job search, job development, creation of
community work experience jobs, job placements, and
postplacement follow-up are implemented according to the MNJOBS
program.
Subd. 10. [DUTIES OF PARTICIPANT.] To be eligible for
AFDC, a participant shall cooperate with the county agency, the
provider, and the participant's employer in all aspects of the
program.
Sec. 2. [256.7382] [PROGRAM PARTICIPANTS; PROGRAM
EXPECTATIONS.]
(a) All recipients selected for participation are expected
to meet the requirements of the program. In determining who may
participate in the program, priority must be given to
individuals who are on the county's project STRIDE waiting list,
and also individuals who have applied for AFDC, and are
subsequently determined to be eligible for STRIDE. An
individual who is enrolled in STRIDE, and is making satisfactory
progress towards completing the goals in the individual's
approved EDP, may continue with the existing EDP, and is not
required to participate in the MNJOBS program, but may volunteer
to participate in the program.
(b) Caretakers who are exempt from the program may
volunteer to participate in the program. The caretaker will be
treated as a mandatory participant once an EDP is signed.
(c) Except as provided in paragraph (a), the program shall
supersede the STRIDE program in counties that operate a MNJOBS
program, except in MFIP counties, where STRIDE will be continued
for families assigned to certain research groups.
Sec. 3. [256.7383] [PROGRAM REQUIREMENTS.]
Subdivision 1. [NOTIFICATION OF PROGRAM.] At the time of
the face-to-face interview, the applicant or recipient being
recertified must be given a written referral to the orientation
and an appointment date for the EDP. Orientation must be
completed within ten days of the face-to-face interview. The
applicant or recipient must also be given the following
information:
(1) notification that, as part of continued receipt of
AFDC, the recipient is required to attend orientation, to be
followed immediately by an assessment and intensive job search;
(2) the program provider, the date, time, and location of
the scheduled program orientation;
(3) the procedures for qualifying for and receiving
benefits under the program;
(4) the immediate availability of supportive services,
including, but not limited to, child care, transportation,
medical assistance, and other work-related aid;
(5) the rights, responsibilities, and obligations of
participants in the program, including, but not limited to, the
grounds for exemptions and deferrals, the consequences for
refusing or failing to participate fully, and the appeal
process; and
(6) a determination of whether the applicant or recipient
is exempt from job search activity.
Subd. 2. [PROGRAM ORIENTATION.] The county agency or the
provider must give a face-to-face orientation regarding the
program within ten days after the date of face-to-face
interview. The orientation must be designed to inform the
recipient of:
(1) the importance of locating and obtaining a job as soon
as possible;
(2) benefits to be provided to support work;
(3) how other supportive services such as medical
assistance, child care, transportation, and other work-related
aid shall be available to support job search and work;
(4) the consequences for failure without good cause to
comply with program requirements; and
(5) the appeal process.
Subd. 3. [ASSESSMENT AND EMPLOYMENT DEVELOPMENT PLAN.] At
the end of orientation, the provider must assign an employment
advisor and a financial specialist to the recipient. Working
with the recipient, the employment advisor must assess the
recipient and develop an EDP based on the recipient's existing
educational level, available program resources, existing job
markets, prior employment, work experience, and transferable
work skills, unless exempt under subdivision 7. The EDP must
require caretakers to participate in initial job search
activities for up to four consecutive weeks for at least 30
hours per week and accept suitable employment if offered during
participation in the program unless exempt under subdivision 7,
or subject to the provisions of subdivision 8, or deferred under
subdivision 9. The job search activities must commence within
30 days of the face-to-face interview.
Subd. 4. [JOB SEARCH ACTIVITIES.] The following job search
activities may be included in the job search plan:
(a) Job clubs, which shall consist of both of the following:
(1) job search workshops, which shall be group training
sessions where participants learn various job finding skills,
including training in basic job seeking skills, job development
skills, job interviewing skills, understanding employer
requirements and expectations, and how to enhance self-esteem,
self-image, and confidence; and
(2) supervised job search, which shall include, but not be
limited to, access to phone banks in a clean and well-lighted
place, job orders, direct referrals to employers, or other
organized methods of seeking work which are overseen, reviewed,
and critiqued by a trained employment professional. The amount
and type of activity required during this supervised job search
period shall be determined by the employment and training
service provider and the participant, based on the participant's
employment history and need for support services as defined in
section 256.736, subdivision 1a, paragraph (i), and shall be
consistent with regulations developed by the employment and
service training provider.
(b) Unsupervised job search, where the individual shall
seek work in the individual's own way, and make periodic
progress reports no less frequently than every two weeks to the
employment and training service provider.
(c) Job placement, which shall include, but not be limited
to, referrals to jobs listed by employers.
(d) Job development, which shall be active assistance in
seeking employment provided to a participant by a training
employment professional on a one-to-one basis.
(e) Employment counseling, which shall be counseling aimed
at helping a person reach an informed decision on an appropriate
employment goal.
Subd. 5. [ACTIVITIES FOLLOWING INTENSE JOB SEARCH
ACTIVITIES.] (a) On completion of initial job search activities,
or determination that those services are not required, the
participant shall continue in additional job search activities
or be assigned to one or more of the following activities as
needed to attain the participant's employment goal:
(1) job training, which shall include, but is not limited
to, training employer-specific jobs skills in a classroom or
on-site setting, including training provided by local private
industry council programs;
(2)(i) community work experience, which shall include work
for a public or nonprofit agency that helps to provide basic job
skills; enhance existing job skills in a position related to a
participant's experience, training, or education; or provide a
needed community service. Community work experience must be
operated in accordance with section 256.737; and
(ii) the continuation of the participant seeking employment
during the community work experience assignment. The
participant may request job search services;
(3) adult basic education, which shall include reading,
writing, arithmetic, high school proficiency or general
education development certificate instruction, and
English-as-a-second-language (ESL), including vocational ESL, to
the extent necessary to attain the participant's employment
goal. Vocational ESL shall be intensive instruction in English
for non-English-speaking participants, coordinated with specific
job training; or
(4) college and community college education, when that
education provides employment skills training that can
reasonably be expected to lead to employment and be limited to
two years.
(b) The assignment to one or more of the program activities
as required in paragraph (a), shall be based on the EDP
developed after an assessment. The EDP shall be based, at a
minimum, on consideration of the individual's existing education
level, employment experience and goals, available program
resources, and local labor market opportunities. The assessment
and EDP must comply with section 256.736, subdivision 10,
clauses (14) and (15).
(c) A participant who lacks basic literacy or mathematics
skills, a high school diploma or general education development
certificate, or English language skills, may be assigned to
participate in adult basic education, as appropriate and
necessary for achievement of the individual's employment goal.
(d) Participation in activities assigned pursuant to this
section may be sequential or concurrent. The provider may
require concurrent participation in the assigned activities if
it is appropriate to the participant's abilities, consistent
with the participant's EDP, and the activities can be
concurrently scheduled. However, to the extent possible,
activities should be full time. The combined hours of
participation in assigned concurrent activities shall not exceed
32 hours per week for an individual who has primary
responsibility for personally providing care to a child under
six years of age or 40 hours per week for any other individual.
The maximum number of hours any participant may be required to
participate in activities under this subdivision is a number
equal to the amount of AFDC payable to the recipient divided by
the greater of the federal minimum wage or the applicable state
minimum wages.
Subd. 6. [IMMEDIATE JOB SEARCH.] A recipient is required
to begin job search activities within 30 days after the
face-to-face interview for at least 30 hours per week for up to
four weeks, unless exempt under subdivision 7, subject to the
provisions of subdivision 8, or deferred under subdivision 9.
Notwithstanding section 256H.11, subdivision 1, for purposes of
the program the limit on job search child care is 480 hours
annually. For a recipient who is working at least 20 hours per
week, job search must consist of 12 hours per week for up to
eight weeks. The recipient is required to carry out the other
activities under the EDP developed under subdivision 3.
Subd. 7. [EXEMPTION CATEGORIES.] The recipient is exempted
from mandatory participation in all activities except
orientation, if the recipient belongs to any of the following
groups:
(1) caretakers under age 20 who have not completed a high
school education and are attending high school or an equivalency
program under section 256.736, subdivision 3b;
(2) individuals who are age 60 or older;
(3) individuals who are suffering from a professionally
certified permanent or temporary illness, injury, or incapacity
which is expected to continue for more than 30 days and which
prevents the person from obtaining or retaining employment;
(4) caretakers whose presence in the home is needed because
of illness or incapacity of another member in the household;
(5) women who are pregnant, if it has been medically
verified that the child is expected to be born within the next
six months;
(6) caretakers or other caretaker relatives of a child
under the age of three years who personally provide full-time
care for the child. In AFDC-UP cases, only one parent or other
relative may qualify for this exemption;
(7) individuals employed at least 30 hours per week;
(8) individuals for whom participation would require a
round trip commuting time by available transportation of more
than two hours, excluding transporting of children for child
care;
(9) a child under age 16, or a child age 16 or 17 who is
attending elementary or secondary school or a secondary-level
vocational or technical school full time; or
(10) individuals experiencing a personal or family crisis
which make them incapable of participating in the program, as
determined by the county.
Subd. 8. [AFDC-UP RECIPIENTS.] All recipients under the
AFDC-UP program are required to meet the requirements of the job
search program under section 256.736, subdivision 14, and the
community work experience program under section 256.737.
Subd. 9. [DEFERRAL FROM JOB SEARCH REQUIREMENT.] The
recipient may be deferred from the requirement to conduct at
least 30 hours of job search per week for up to four consecutive
weeks, if during the development of the EDP, the recipient is
determined to:
(1) be within two years of completing a post-secondary
training program that is likely to lead to employment provided
the recipient is attending school full time. The recipient must
agree to develop and carry out an EDP which includes jobs search
immediately after the training is completed;
(2) be in treatment for chemical dependency, be a victim of
domestic abuse, or be homeless, provided that the recipient
agrees to develop an EDP, and immediately follow through with
the activities in the EDP. The EDP must include specific
outcomes that the recipient must achieve for the duration of the
EDP and activities that are needed to address the issues
identified. Under this clause, the recipient may be deferred
for up to three months;
(3) lack proficiency in English which is a barrier to
employment, provided such individuals are successfully
participating in an ESL program. Caretakers can be deferred for
ESL for no longer than 12 months. The EDP shall establish an
education plan which assigns caretakers to ESL programs
available in the community that provide the quickest advancement
of the caretaker's language skills; or
(4) need refresher courses for purposes of obtaining
professional certification or licensure, provided the plans are
approved in the EDP.
Subd. 10. [DUTY TO REPORT.] The participant must
immediately inform the provider of any changes related to the
participant's employment status.
Sec. 4. [256.7384] [COMMUNITY WORK EXPERIENCE PROGRAM FOR
SINGLE-PARENT FAMILIES.]
To the extent that funds are available or appropriated,
recipients who are participating in the program and are not
working in unsubsidized employment within 24 months are required
to participate in a community work experience program in
accordance with section 256.737.
Sec. 5. [256.7385] [MOVE TO A DIFFERENT COUNTY.]
If the recipient who is required to participate in the
program moves to a different county, the benefits and enabling
services agreed upon in the EDP must be provided by the pilot
county where the recipient originated. If the recipient is
moving to a different county and has failed to comply with the
requirements of the program, the recipient is not eligible for
AFDC for at least six months from the date of the move.
Sec. 6. [256.7386] [SANCTIONS AND APPEAL PROCESS.]
The same sanctions and appeals imposed and available to
recipients of AFDC under this chapter shall be imposed and
available to participants in the MNJOBS program.
Sec. 7. [256.7387] [PROGRAM FUNDING.]
(a) [FUNDING.] After ensuring that all persons required to
participate in the county's food stamp employment and training
program will be served under that program, any remaining
unexpended state funds from the county's food stamp employment
and training program allocation for that fiscal year may be
combined with the county's Project STRIDE allocation for that
same fiscal year and are available to administer the program.
(b) [TRANSFER OF ACCESS CHILD CARE FUNDS.] After the end
of the third quarter of the state fiscal year, any unencumbered
ACCESS funds of a county participating in the program shall be
transferred to the county's base sliding fee fund to be used to
provide child care to AFDC recipients beyond the one-year
transition period. In determining the baseline funding for the
ACCESS and basic sliding fee programs, the commissioners of
finance and human services shall ignore any transfers made under
this section.
(c) [USE OF CHILD CARE.] Participants in the program are
eligible for STRIDE child care funds.
(d) [LEVERAGING GRANT AMOUNT TO SECURE OTHER FUNDS.] The
county agency or the provider in cooperation with the
commissioner may leverage the grant amount to secure other funds
from employers, foundations, and the community for the purpose
of developing additional components to benefit children and
improve the program.
Sec. 8. [256.7388] [INCOME DISREGARDS.]
A participating county may utilize the county's own funds
in order to provide higher income disregards to recipients
participating in the program.
Sec. 9. [WAIVER AUTHORITY.]
The commissioner of human services is authorized to seek
all necessary waivers to implement sections 1 to 8. The waiver
requests must be submitted by the commissioner as part of the
federal waiver package authorized by Laws 1995, chapter 178,
article 2, section 46.
Sec. 10. [APPROPRIATION.]
$102,000 is appropriated from the general fund to the
commissioner of human services for the fiscal year ending June
30, 1997, for purposes of applying for necessary federal waivers
to implement the program, and administering the MNJOBS program.
Sec. 11. [EFFECTIVE DATE.]
Section 9 is effective July 1, 1996. For purposes of
sections 1 to 8, the commissioner may allow the implementation
of the MNJOBS program in counties that have been approved by the
commissioner as early as April 1, 1997, but no later than July
1, 1997.
ARTICLE 2
MFIP AND INCOME ASSISTANCE CHANGES BASED ON FEDERAL REFORM
Section 1. [MFIP; LEGISLATIVE POLICY.]
Subdivision 1. [LEGISLATIVE FINDINGS.] The legislature
recognizes that:
(1) changes in federal law and federal funding may
necessitate changes to Minnesota's public assistance programs;
(2) Minnesota is in the process of testing and evaluating
the Minnesota family investment plan, a program that will change
public assistance programs in Minnesota; and
(3) the Minnesota family investment plan embodies the
principles that should guide Minnesota in implementing changes
necessitated by federal law and federal funding.
Subd. 2. [WELFARE REFORM PROPOSAL.] (a) The commissioner
shall present the 1997 legislature with a proposal to modify the
Minnesota family investment plan for statewide implementation.
The proposed program must be designed around the following goals:
(1) to support work;
(2) to foster personal responsibility;
(3) to support the family;
(4) to simplify the welfare system;
(5) to prevent dependency; and
(6) to enable families to achieve sustained
self-sufficiency.
(b) The proposed program shall provide assistance to all
families with minor children and individuals who meet program
eligibility rules and comply with program requirements and may
set limits on the number of years or months of assistance.
(c) In designing the proposal, the commissioner shall
consider:
(1) evaluation results from the Minnesota family investment
plan;
(2) any evaluation or other information regarding the
results of the work focused, work first, MNJOBS, and STRIDE
programs;
(3) evaluations from any programs which have increased
income disregards for working recipient families; and
(4) program and fiscal analysis of the impact of federal
laws, including proposals to simplify or block grant the food
stamp program.
(d) The commissioner shall consider the following
additional policy options in developing the proposal:
(1) consolidate all income assistance programs into a
single program;
(2) integrate the food stamp program more closely with
income assistance program;
(3) provide disregards of earned income that are not time
limited;
(4) establish asset limits which appropriately reflect the
needs of working families;
(5) provide for flexibility in establishing grant standards
which can be adapted to different needs of assistance units and
to different work and training requirements in order to maximize
successful outcomes;
(6) use of wage subsidies to increase employment
opportunities;
(7) development of individual asset accounts;
(8) expansion of employment and training options to include
the option of small business training;
(9) establishment of a loan or grant fund for transition to
work needs not covered under the grant;
(10) contingent on inclusion of clause (3), provide an
initial period of assistance, not to exceed six months, after
which the grant standard for all assistance units would be
reduced. After this initial period:
(i) assistance units in which all adults are incapacitated,
as defined by the commissioner, would receive a supplement that
raises the unit's grant standard back to the standard of the
initial period;
(ii) assistance units not included in item (i) could earn
back a portion of the grant reduction by participating in
employment and training services; and
(iii) for assistance units not included in item (i),
earnings equal to the grant reduction would be entirely
disregarded in determining benefits;
(11) pay child support directly to custodial parents
receiving income assistance and budget all or part of the child
support amount against the income assistance benefit;
(12) address the question of providing assistance to
Minnesota residents who are legal noncitizens;
(13) divert applicants from using public assistance through
early intervention focused on meeting immediate needs; and
(14) implement an outcome-based quality assurance program
that measures the effectiveness of transitional support services
by defining target groups, program goals, outcome indicators,
data collection methods, and performance targets.
Sec. 2. [INCOME ASSISTANCE PROGRAMS; FEDERAL POLICY
INITIATIVE.]
If the 104th Congress makes significant policy or funding
changes that affect income assistance, the commissioner of human
services shall develop a proposal that includes recommendations
for the legislature which address these changes.
Further, the commissioners of human services, health,
economic security, and children, families, and learning, shall,
upon request of a county, work with and jointly develop a
proposal that permits the county to merge funding and services
in order to meet the individual needs of eligible clients. The
proposal and draft legislation are due to the chairs of the
senate family services committee and health and human services
finance division, and the house of representatives human
services committee and health and human services finance
division by December 1, 1996.
ARTICLE 3
ASSISTANCE PROGRAM CHANGES
Section 1. Minnesota Statutes 1994, section 53A.09, is
amended to read:
53A.09 [POWERS; LIMITATIONS; PROHIBITIONS.]
Subdivision 1. [DEPOSITS; ESCROW ACCOUNTS.] A currency
exchange may not accept money or currency for deposit, or act as
bailee or agent for persons, firms, partnerships, associations,
or corporations to hold money or currency in escrow for others
for any purpose. However, a currency exchange may act as agent
for the issuer of money orders or travelers' checks.
Subd. 2. [GAMBLING ESTABLISHMENTS.] A currency exchange
located on the premises of a gambling establishment as defined
in section 256.9831, subdivision 1, may not cash a warrant that
bears a restrictive endorsement under section 256.9831,
subdivision 3.
Sec. 2. Minnesota Statutes 1994, section 256.031, is
amended by adding a subdivision to read:
Subd. 1a. [USE OF FEDERAL AUTHORITY.] Federal authority as
cited in sections 256.031 to 256.0361 and section 256.047 is
reference to the United States Code, title 42, section 601,
United States Code, title 42, section 602, section 402 of the
Social Security Act, and Code of Federal Regulations, title 45,
as constructed on the day prior to their federal repeal.
Sec. 3. Minnesota Statutes 1994, section 256.033, is
amended by adding a subdivision to read:
Subd. 6. [RECOVERY OF ATM ERRORS.] For recipients
receiving benefits via electronic benefit transfer, if the
recipient is overpaid as a result of an automated teller machine
(ATM) dispensing funds in error to the recipient, the agency may
recover the ATM error by immediately withdrawing funds from the
recipient's electronic benefit transfer account, up to the
amount of the error.
Sec. 4. Minnesota Statutes 1994, section 256.034, is
amended by adding a subdivision to read:
Subd. 6. [PAYMENT METHODS.] Minnesota family investment
plan grant payments may be issued in the form of warrants
immediately redeemable in cash, electronic benefits transfer, or
by direct deposit into the recipient's account in a financial
institution.
Sec. 5. Minnesota Statutes 1994, section 256.035,
subdivision 1, is amended to read:
Subdivision 1. [EXPECTATIONS.] All families eligible for
assistance under the family investment plan who are assigned to
a test group in the evaluation as provided in section 256.031,
subdivision 3, paragraph (d), are expected to be in transitional
status as defined in section 256.032, subdivision 12. To be
considered in transitional status, families must meet the
following expectations:
(a) For a family headed by a single adult parental
caregiver, the expectation is that the parental caregiver will
independently pursue self-sufficiency until the family has
received assistance for 24 months within the preceding 36
months. Beginning with the 25th month of assistance, the parent
must be developing or complying with the terms of the family
support agreement.
(b) For a family with a minor parental caregiver or a
family whose parental caregiver is 18 or 19 years of age and
does not have a high school diploma or its equivalent, the
expectation is that, concurrent with the receipt of assistance,
the parental caregiver must be developing or complying with a
family support agreement. The terms of the family support
agreement must include compliance with section 256.736,
subdivision 3b. However, if the assistance unit does not comply
with section 256.736, subdivision 3b, the sanctions in
subdivision 3 apply.
(c) For a family with two adult parental caregivers, the
expectation is that at least one parent will independently
pursue self-sufficiency until the family has received assistance
for six months within the preceding 12 months. Beginning with
the seventh month of assistance, one parent must be developing
or complying with the terms of the family support agreement. To
the extent of available resources and provided the other
caregiver is proficient in English, the commissioner may require
that both caregivers in a family with two adult parental
caregivers, in which the youngest child has attained the age of
six and is not in kindergarten, must be developing or complying
with the terms of a family support agreement by the seventh
month on assistance. A caregiver shall be determined proficient
in English if the county agency, or its employment and training
service provider, determines that the person has sufficient
English language capabilities to become suitably employed.
If, as of July 1, 1996, the other caretaker is enrolled in
a post-secondary education or training program that is limited
to one year and can reasonably be expected to lead to
employment, that caretaker is exempt from job search and work
experience for a period of one year or until the caretaker stops
attending the post-secondary program, whichever is shorter.
Sec. 6. Minnesota Statutes 1994, section 256.035,
subdivision 6a, is amended to read:
Subd. 6a. [CASE MANAGEMENT SERVICES.] (a) The county
agency will provide case management services to caregivers
required to develop and comply with a family support agreement
as provided in subdivision 1. For minor parents, the
responsibility of the case manager shall be as defined in
section 256.736, subdivision 3b. Sanctions for failing to
develop or comply with the terms of a family support agreement
shall be imposed according to subdivision 3. When a minor
parent reaches age 17, or earlier if determined necessary by the
social service agency, the minor parent shall be referred for
case management services.
(b) Case managers shall provide the following services:
(1) the case manager shall provide or arrange for an
assessment of the family and caregiver's needs, interests, and
abilities according to section 256.736, subdivision 11,
paragraph (a), clause (1);
(2) the case manager shall coordinate services according to
section 256.736, subdivision 11, paragraph (a), clause (3);
(3) the case manager shall develop an employability plan
according to subdivision 6b;
(4) the case manager shall develop a family support
agreement according to subdivision 6c; and
(5) the case manager shall monitor the caregiver's
compliance with the employability plan and the family support
agreement as required by the commissioner.
(c) Case management counseling and personal assistance
services may continue for up to six months following the
caregiver's achievement of employment goals. Funds for specific
employment and training services may be expended for up to 90
days after the caregiver loses eligibility for financial
assistance.
Sec. 7. Minnesota Statutes 1995 Supplement, section
256.0475, is amended by adding a subdivision to read:
Subd. 2a. [INTENSIVE ESL.] "Intensive ESL" means an
English as a second language program that offers at least 20
hours of class per week.
Sec. 8. Minnesota Statutes 1995 Supplement, section
256.048, subdivision 1, is amended to read:
Subdivision 1. [EXPECTATIONS.] The requirement for a
caregiver to develop a family support agreement is tied to the
structure of the family and the length of time on assistance
according to paragraphs (a) to (c).
(a) In a family headed by a single adult parental caregiver
who has received AFDC, family general assistance, MFIP, or a
combination of AFDC, family general assistance, and MFIP
assistance for 12 or more months within the preceding 24 months,
the parental caregiver must be developing and complying with the
terms of the family support agreement commencing with the 13th
month of assistance.
(b) For a family with a minor parental caregiver or a
family whose parental caregiver is 18 or 19 years of age and
does not have a high school diploma or its equivalent, the
parental caregiver must be developing and complying with a
family support agreement concurrent with the receipt of
assistance. The terms of the family support agreement must
include compliance with section 256.736, subdivision 3b. If the
parental caregiver fails to comply with the terms of the family
support agreement, the sanctions in subdivision 4 apply. When
the requirements in section 256.736, subdivision 3b, have been
met, a caregiver has fulfilled the caregiver's obligation.
County agencies must continue to offer MFIP-R services if the
caregiver wants to continue with an employability plan.
Caregivers who fulfill the requirements of section 256.736,
subdivision 3b, are subject to the expectations of paragraphs
(a) and (c).
(c) In a family with two adult parental caregivers, at
least one of whom has received AFDC, family general assistance,
MFIP, or a combination of AFDC, family general assistance, and
MFIP assistance for six or more months within the preceding 12
months, one parental caregiver must be developing and complying
with the terms of the family support agreement commencing with
the seventh month of assistance. The family and MFIP-R staff
will designate the parental caregiver who will develop the
family support agreement based on which parent has the greater
potential to increase family income through immediate
employment. To the extent of available resources and provided
the other caregiver is proficient in English, the commissioner
may require that both caregivers in a family with two adult
parental caregivers, in which the youngest child has attained
the age of six and is not in kindergarten, must be developing or
complying with the terms of a family support agreement by the
seventh month on assistance. A caregiver shall be determined
proficient in English if the county agency, or its employment
and training service provider, determines that the person has
sufficient English language capabilities to become suitably
employed.
If, as of July 1, 1996, the other caretaker is enrolled in
a post-secondary education or training program that is limited
to one year and can reasonably be expected to lead to
employment, that caretaker is exempt from job search and work
experience for a period of one year or until the caretaker stops
attending the post-secondary program, whichever is shorter.
Sec. 9. Minnesota Statutes 1995 Supplement, section
256.048, subdivision 4, is amended to read:
Subd. 4. [SANCTION.] The county agency must reduce an
assistance unit's assistance payment by ten percent of the
transitional standard for the applicable family size when a
caregiver, who is not exempt from the expectations in this
section, fails to attend a mandatory briefing, fails to attend
scheduled meetings with MFIP-R staff, terminates employment
without good cause, or fails to develop or comply with the terms
of the caregiver's family support agreement. MFIP-R staff must
send caregivers a notice of intent to sanction. For the purpose
of this section, "notice of intent to sanction" means MFIP-R
staff must provide written notification to the caregiver that
the caregiver is not fulfilling the requirement to develop or
comply with the family support agreement. This notification
must inform the caregiver of the right to request a conciliation
conference within ten days of the mailing of the notice of
intent to sanction or the right to request a fair hearing under
section 256.045. If a caregiver requests a conciliation
conference, the county agency must postpone implementation of
the sanction pending completion of the conciliation conference.
If the caregiver does not request a conciliation conference
within ten calendar days of the mailing of the notice of intent
to sanction, the MFIP-R staff must notify the county agency that
the assistance payment should be reduced.
Upon notification from MFIP-R staff that an assistance
payment should be reduced, the county agency must send a notice
of adverse action to the caregiver stating that the assistance
payment will be reduced in the next month following the ten-day
notice requirement and state the reason for the action. For the
purpose of this section, "notice of adverse action" means the
county agency must send a notice of sanction, reduction,
suspension, denial, or termination of benefits before taking any
of those actions. The caregiver may request a fair hearing
under section 256.045, upon notice of intent to sanction or
notice of adverse action, but the conciliation conference is
available only upon notice of intent to sanction.
Sec. 10. Minnesota Statutes 1995 Supplement, section
256.048, subdivision 6, is amended to read:
Subd. 6. [PRE-EMPLOYMENT AND EMPLOYMENT SERVICES.] The
county agency must provide services identified in clauses (1) to
(10). Services include:
(1) a required briefing for all nonmandatory caregivers
assigned to MFIP-R, which includes a review of the information
presented at an earlier MFIP-R orientation pursuant to
subdivision 5, and an overview of services available under
MFIP-R pre-employment and employment services, an overview of
job search techniques, and the opportunity to volunteer for
MFIP-R job search activities and basic education services;
(2) a briefing for all mandatory caregivers assigned to
MFIP-R, which includes a review of the information presented at
an earlier MFIP-R orientation pursuant to subdivision 5, and an
overview of services available under MFIP-R pre-employment and
employment services;
(3) an MFIP assessment that meets the requirements of
section 256.736, subdivision 10, paragraph (a), clause (14), and
addresses caregivers' skills, abilities, interests, and needs;
(4) development, together with the caregiver, of an
employability plan and family support agreement according to
subdivision 7;
(5) coordination of services including child care,
transportation, education assistance, and social services
necessary to enable caregivers to fulfill the terms of the
employability plan and family support agreement;
(6) provision of full-time English as a second language
(intensive ESL) classes;
(7) provision of a broad range of employment and
pre-employment services including basic skills testing, interest
and aptitude testing, career exploration, job search activities,
community work experience program under section 256.737, or
on-the-job training under section 256.738;
(8) evaluation of the caregiver's compliance with the
employability plan and family support agreement and support and
recognition of progress toward employment goals;
(9) provision of postemployment follow-up for up to six
months after caregivers become exempt or exit MFIP-R due to
employment if requested by the caregiver; and
(10) approval of education and training program activities.
Sec. 11. Minnesota Statutes 1995 Supplement, section
256.048, subdivision 13, is amended to read:
Subd. 13. [EDUCATION AND TRAINING ACTIVITIES; BASIC
EDUCATION.] Basic education, including adult basic education,
high school or general equivalency diploma, or ESL may be
included in the family support agreement when a caregiver is
actively participating in job search activities as specified in
the family support agreement, or employed at least 12 hours per
week. The concurrent work requirement for basic education does
not apply to caregivers under subdivision 1, paragraph (b), who
are attending secondary school full time. Six months of basic
education activities may be included in the family support
agreement, and extension of basic education activities,
including intensive ESL, is contingent upon review and approval
by MFIP-R staff.
Non-English-speaking caregivers have the option to
participate in full-time intensive ESL activities for up to six
months prior to participation in job search with approval of
MFIP-R staff, provided the caregiver also works or participates
in job search. For caregivers participating in intensive ESL,
hours spent in intensive ESL, employment, and job search must
equal at least 30 hours per week, or 20 hours per week for a
single parent caregiver with a child under age six.
Sec. 12. Minnesota Statutes 1994, section 256.73,
subdivision 1, is amended to read:
Subdivision 1. [DEPENDENT CHILDREN.] Assistance shall be
given under sections 256.72 to 256.87 to or on behalf of any
dependent child who:
(1) Resides Has resided in Minnesota for at least 30 days
or, if residing in the state for less than 30 days, the child or
the child's caretaker relative meets one of the criteria
specified in subdivision 1b;
(2) Is otherwise eligible; the child shall not be denied
aid because of conditions of the home in which the child resides.
Sec. 13. Minnesota Statutes 1994, section 256.73, is
amended by adding a subdivision to read:
Subd. 1a. [USE OF CODE OF FEDERAL REGULATIONS.] In the
event that federal block grant legislation eliminates the
federal regulatory basis for AFDC, the state shall continue to
determine eligibility for Minnesota's AFDC program using the
provisions of the Code of Federal Regulations, title 45, as
constructed on the day prior to their federal repeal, except as
expressly superseded in sections 256.72 to 256.87, or as
superseded by federal law, or as modified by state rule or by
regulatory waivers granted to the state.
Sec. 14. Minnesota Statutes 1994, section 256.73, is
amended by adding a subdivision to read:
Subd. 1b. [RESIDENCY CRITERIA.] A child or caretaker
relative who has resided in Minnesota for less than 30 days is
considered to be a Minnesota resident if:
(1) either the child or the caretaker relative was born in
the state;
(2) either the child or the caretaker relative has, in the
past, resided in this state for at least 365 consecutive days;
(3) either the child or the caretaker relative came to this
state to join a close relative who has resided in this state for
at least one year. For purposes of this clause, "close
relative" means a parent, grandparent, brother, sister, spouse,
or child; or
(4) the caretaker relative came to this state to accept a
bona fide offer of employment and was eligible to accept the
employment.
A county agency may waive the 30-day residency requirement
in cases of emergency or where unusual hardship would result
from denial of assistance. The county agency must report to the
commissioner within 30 days on any waiver granted under this
section. The county shall not deny an application solely
because the applicant does not meet at least one of the criteria
in this subdivision, but shall continue to process the
application and leave the application pending until the
residency requirement is met or until eligibility or
ineligibility is established.
Sec. 15. Minnesota Statutes 1995 Supplement, section
256.73, subdivision 8, is amended to read:
Subd. 8. [RECOVERY OF OVERPAYMENTS AND ATM ERRORS.] (a)
Except as provided in subdivision 8a, if an amount of aid to
families with dependent children assistance is paid to a
recipient in excess of the payment due, it shall be recoverable
by the county agency. The agency shall give written notice to
the recipient of its intention to recover the overpayment.
(b) When an overpayment occurs, the county agency shall
recover the overpayment from a current recipient by reducing the
amount of aid payable to the assistance unit of which the
recipient is a member for one or more monthly assistance
payments until the overpayment is repaid. All county agencies
in the state shall reduce the assistance payment by three
percent of the assistance unit's standard of need or the amount
of the monthly payment, whichever is less, for all overpayments
whether or not the overpayment is due solely to agency
error. For recipients receiving benefits via electronic benefit
transfer, if the overpayment is a result of an automated teller
machine (ATM) dispensing funds in error to the recipient, the
agency may recover the ATM error by immediately withdrawing
funds from the recipient's electronic benefit transfer account,
up to the amount of the error. If the overpayment is due solely
to having wrongfully obtained assistance, whether based on a
court order, the finding of an administrative fraud
disqualification hearing or a waiver of such a hearing, or a
confession of judgment containing an admission of an intentional
program violation, the amount of this reduction shall be ten
percent. In cases when there is both an overpayment and
underpayment, the county agency shall offset one against the
other in correcting the payment.
(c) Overpayments may also be voluntarily repaid, in part or
in full, by the individual, in addition to the above aid
reductions, until the total amount of the overpayment is repaid.
(d) The county agency shall make reasonable efforts to
recover overpayments to persons no longer on assistance in
accordance with standards adopted in rule by the commissioner of
human services. The county agency need not attempt to recover
overpayments of less than $35 paid to an individual no longer on
assistance if the individual does not receive assistance again
within three years, unless the individual has been convicted of
fraud under section 256.98.
Sec. 16. Minnesota Statutes 1994, section 256.736,
subdivision 1a, is amended to read:
Subd. 1a. [DEFINITIONS.] As used in this section and
section 256.7365, the following words have the meanings given
them:
(a) "AFDC" means aid to families with dependent children.
(b) "AFDC-UP" or "two-parent family" means that group of
AFDC clients who are eligible for assistance by reason of
unemployment as defined by the commissioner under section
256.12, subdivision 14.
(c) "Caretaker" means a parent or eligible adult, including
a pregnant woman, who is part of the assistance unit that has
applied for or is receiving AFDC.
(d) "Case manager" means the county agency's employment and
training service provider who provides the services identified
in sections 256.736 to 256.739 according to subdivision 12.
(e) "Employment and training services" means programs,
activities, and services related to job training, job placement,
and job creation, including job service programs, job training
partnership act programs, wage subsidies, remedial and secondary
education programs, post-secondary education programs excluding
education leading to a post-baccalaureate degree, and vocational
education programs, work readiness programs, job search,
counseling, case management, community work experience programs,
displaced homemaker programs, self-employment programs, grant
diversion, employment experience programs, youth employment
programs, community investment programs, refugee employment and
training programs, and counseling and support activities
necessary to stabilize the caretaker or the family.
(e) (f) "Employment and training service provider" means a
public, private, or nonprofit agency certified by the
commissioner of economic security to deliver employment and
training services under section 268.0122, subdivision 3, and
section 268.871, subdivision 1.
(f) (g) "Minor parent" means a caretaker relative who is
the person who is under age 18 who is either the birth parent of
the dependent a minor child or children in the assistance unit
and who is under the age of 18 or is eligible for AFDC as a
pregnant woman.
(g) (h) "Targeted groups" or "targeted caretakers" means
recipients of AFDC or AFDC-UP designated as priorities for
employment and training services under subdivision 16.
(h) (i) "Suitable employment" means employment which:
(1) is within the recipient's physical and mental capacity;
(2) meets health and safety standards established by the
Occupational Safety and Health Administration and the department
of economic security;
(3) pays hourly gross earnings which are not less than the
federal or state minimum wage for that type of employment,
whichever is applicable;
(4) does not result in a net loss of income. Employment
results in a net loss of income when the income remaining after
subtracting necessary work-related expenses from the family's
gross income, which includes cash assistance, is less than the
cash assistance the family was receiving at the time the offer
of employment was made. For purposes of this definition, "work
expenses" means the amount withheld or paid for; state and
federal income taxes; social security withholding taxes;
mandatory retirement fund deductions; dependent care costs;
transportation costs to and from work at the amount allowed by
the Internal Revenue Service for personal car mileage; costs of
work uniforms, union dues, and medical insurance premiums; costs
of tools and equipment used on the job; $1 per work day for the
costs of meals eaten during employment; public liability
insurance required by an employer when an automobile is used in
employment and the cost is not reimbursed by the employer; and
the amount paid by an employee from personal funds for business
costs which are not reimbursed by the employer;
(5) offers a job vacancy which is not the result of a
strike, lockout, or other bona fide labor dispute;
(6) requires a round trip commuting time from the
recipient's residence of less than two hours by available
transportation, exclusive of the time to transport children to
and from child care;
(7) does not require the recipient to leave children under
age 12 unattended in order to work, or if child care is
required, such care is available; and
(8) does not discriminate at the job site on the basis of
age, sex, race, color, creed, marital status, status with regard
to public assistance, disability, religion, or place of national
origin.
(i) (j) "Support services" means programs, activities, and
services intended to stabilize families and individuals or
provide assistance for family needs related to employment or
participation in employment and training services, including
child care, transportation, housing assistance, personal and
family counseling, crisis intervention services, peer support
groups, chemical dependency counseling and treatment, money
management assistance, and parenting skill courses.
Sec. 17. Minnesota Statutes 1994, section 256.736,
subdivision 3b, is amended to read:
Subd. 3b. [MANDATORY ASSESSMENT AND SCHOOL ATTENDANCE FOR
CERTAIN CUSTODIAL PARENTS.] This subdivision applies to the
extent permitted under federal law and regulation.
(a) [DEFINITIONS.] The definitions in this paragraph apply
to this subdivision.
(1) "Custodial parent" means a recipient of AFDC who is the
natural or adoptive parent of a child living with the custodial
parent.
(2) "School" means:
(i) an educational program which leads to a high school
diploma. The program or coursework may be, but is not limited
to, a program under the post-secondary enrollment options of
section 123.3514, a regular or alternative program of an
elementary or secondary school, a technical college, or a
college;
(ii) coursework for a general educational development (GED)
diploma of not less than six hours of classroom instruction per
week; or
(iii) any other post-secondary educational program that is
approved by the public school or the county agency under
subdivision 11.
(b) [ASSESSMENT AND PLAN; REQUIREMENT; CONTENT.] The
county agency must examine the educational level of each
custodial parent under the age of 20 to determine if the
recipient has completed a high school education or its
equivalent. If the custodial parent has not completed a high
school education or its equivalent and is not exempt from the
requirement to attend school under paragraph (c), the county
agency must complete an individual assessment for the custodial
parent. The assessment must be performed as soon as possible
but within 60 days of determining AFDC eligibility for the
custodial parent. The assessment must provide an initial
examination of the custodial parent's educational progress and
needs, literacy level, child care and supportive service needs,
family circumstances, skills, and work experience. In the case
of a custodial parent under the age of 18, the assessment must
also consider the results of the early and periodic screening,
diagnosis and treatment (EPSDT) screening, if available, and the
effect of a child's development and educational needs on the
parent's ability to participate in the program. The county
agency must advise the parent that the parent's first goal must
be to complete an appropriate educational option if one is
identified for the parent through the assessment and, in
consultation with educational agencies, must review the various
school completion options with the parent and assist the parent
in selecting the most appropriate option.
(c) [RESPONSIBILITY FOR ASSESSMENT AND PLAN.] For
custodial parents who are under age 18, the assessment and the
employability plan must be completed by the county social
services agency, as specified in section 257.33. For custodial
parents who are age 18 or 19, the assessment and employability
plan must be completed by the case manager. The social services
agency or the case manager shall consult with representatives of
educational agencies required to assist in developing
educational plans under section 126.235.
(d) [EDUCATION DETERMINED TO BE APPROPRIATE.] If the case
manager or county social services agency identifies an
appropriate educational option, it must develop an employability
plan in consultation with the custodial parent which reflects
the assessment. The plan must specify that participation in an
educational activity is required, what school or educational
program is most appropriate, the services that will be provided,
the activities the parent will take part in including child care
and supportive services, the consequences to the custodial
parent for failing to participate or comply with the specified
requirements, and the right to appeal any adverse action. The
employability plan must, to the extent possible, reflect the
preferences of the participant.
(e) [EDUCATION DETERMINED TO BE NOT APPROPRIATE.] If the
case manager determines that there is no appropriate educational
option for a custodial parent who is age 18 or 19, the case
manager shall indicate the reasons for the determination. The
case manager shall then notify the county agency which must
refer the custodial parent to case management services under
subdivision 11 the Project STRIDE program for completion of an
employability plan and mandatory participation in employment and
training services. If the custodial parent fails to participate
or cooperate with case management employment and training
services and does not have good cause for the failure, the
county agency shall apply the sanctions listed in subdivision 4,
beginning with the first payment month after issuance of
notice. If the county social services agency determines that
school attendance is not appropriate for a custodial parent
under age 18, the county agency shall refer the custodial parent
to social services for services as provided in section 257.33.
(f) [SCHOOL ATTENDANCE REQUIRED.] Notwithstanding
subdivision 3, a custodial parent must attend school if all of
the following apply:
(1) the custodial parent is less than 20 years of age;
(2) transportation services needed to enable the custodial
parent to attend school are available;
(3) licensed or legal nonlicensed child care services
needed to enable the custodial parent to attend school are
available;
(4) the custodial parent has not already received a high
school diploma or its equivalent; and
(5) the custodial parent is not exempt because the
custodial parent:
(i) is ill or incapacitated seriously enough to prevent
attendance at school;
(ii) is needed in the home because of the illness or
incapacity of another member of the household; this includes a
custodial parent of a child who is younger than six weeks of
age;
(iii) works 30 or more hours a week; or
(iv) is pregnant if it has been medically verified that the
child's birth is expected within the next six months.
(g) [ENROLLMENT AND ATTENDANCE.] The custodial parent must
be enrolled in school and meeting the school's attendance
requirements. If enrolled, the custodial parent is considered
to be attending when the school is not in regular session,
including during holiday and summer breaks.
(h) [GOOD CAUSE FOR NOT ATTENDING SCHOOL.] The county
agency shall not impose the sanctions in subdivision 4 if it
determines that a custodial parent has good cause for not being
enrolled or for not meeting the school's attendance
requirements. The county agency shall determine whether good
cause for not attending or not enrolling in school exists,
according to this paragraph:
(1) Good cause exists when the county agency has verified
that the only available school program requires round trip
commuting time from the custodial parent's residence of more
than two hours by available means of transportation, excluding
the time necessary to transport children to and from child care.
(2) Good cause exists when the custodial parent has
indicated a desire to attend school, but the public school
system is not providing for the education and alternative
programs are not available.
(i) [FAILURE TO COMPLY.] The case manager and social
services agency shall establish ongoing contact with appropriate
school staff to monitor problems that custodial parents may have
in pursuing their educational plan and shall jointly seek
solutions to prevent parents from failing to complete
education. If the school notifies the county agency that the
custodial parent is not enrolled or is not meeting the school's
attendance requirements, or appears to be facing barriers to
completing education, the information must be conveyed to the
case manager for a custodial parent age 18 or 19, or to the
social services agency for a custodial parent under age 18. The
case manager or social services agency shall reassess the
appropriateness of school attendance as specified in paragraph
(f). If after consultation, school attendance is still
appropriate and the case manager or social services agency
determines that the custodial parent has failed to enroll or is
not meeting the school's attendance requirements and the
custodial parent does not have good cause, the case manager or
social services agency shall inform the custodial parent's
financial worker who shall apply the sanctions listed in
subdivision 4 beginning with the first payment month after
issuance of notice.
(j) [NOTICE AND HEARING.] A right to notice and fair
hearing shall be provided in accordance with section 256.045 and
the Code of Federal Regulations, title 45, section 205.10.
(k) [SOCIAL SERVICES.] When a custodial parent under the
age of 18 has failed to attend school, is not exempt, and does
not have good cause, the county agency shall refer the custodial
parent to the social services agency for services, as provided
in section 257.33.
(l) [VERIFICATION.] No less often than quarterly, the
financial worker must verify that the custodial parent is
meeting the requirements of this subdivision. Notwithstanding
section 13.32, subdivision 3, when the county agency notifies
the school that a custodial parent is subject to this
subdivision, the school must furnish verification of school
enrollment, attendance, and progress to the county agency. The
county agency must not impose the sanctions in paragraph (i) if
the school fails to cooperate in providing verification of the
minor parent's education, attendance, or progress.
Sec. 18. Minnesota Statutes 1994, section 256.736,
subdivision 4, is amended to read:
Subd. 4. [CONDITIONS OF CERTIFICATION.] The commissioner
of human services shall:
(1) in consultation with the commissioner of children,
families, and learning, arrange for or provide any caretaker or
child required to participate who participates in employment and
training services pursuant to this section with child-care
services, transportation, and other necessary family services;
(2) provide that in determining a recipient's needs the
additional expenses attributable to participation in a program
are taken into account in grant determination to the extent
permitted by federal regulation;
(3) provide that the county board shall impose the
sanctions in clause (4) when the county board:
(a) determines that a custodial parent under the age of 16
who is required to attend school under subdivision 3b has,
without good cause, failed to attend school; or
(b) determines that subdivision 3c applies to a minor
parent and the minor parent has, without good cause, failed to
cooperate with development of a social service plan or to
participate in execution of the plan, to live in a group or
foster home, or to participate in a program that teaches skills
in parenting and independent living;
(4) to the extent permissible by federal law, impose the
following sanctions for a recipient's failure to participate in
the requirements of subdivision 3b or 3c:
(a) for the first failure, 50 percent of the grant provided
to the family for the month following the failure shall be made
in the form of protective or vendor payments;
(b) for the second and subsequent failures, the entire
grant provided to the family must be made in the form of
protective or vendor payments. Assistance provided to the
family must be in the form of protective or vendor payments
until the recipient complies with the requirement; and
(c) when protective payments are required, the county
agency may continue payments to the caretaker if a protective
payee cannot reasonably be found;
(5) provide that the county board shall impose the
sanctions in clause (6) when the county board:
(a) determines that a caretaker or child required to
participate in employment and training services has been found
by the employment and training service provider to have failed
without good cause to participate in appropriate employment and
training services, to comply with the recipient's employability
development plan, or to have failed without good cause to
accept, through the job search program described in subdivision
14, or the provisions of an employability development plan if
the caretaker is a custodial parent age 18 or 19 and subject to
the requirements of subdivision 3b, a bona fide offer of public
or other employment;
(b) determines that a custodial parent aged 16 to 19 who is
required to attend school under subdivision 3b has, without good
cause, failed to enroll or attend school; or
(c) determines that a caretaker has, without good cause,
failed to attend orientation;
(6) to the extent required by federal law, impose the
following sanctions for a recipient's failure to participate in
required employment and training services, to comply with the
recipient's employability development plan, to accept a bona
fide offer of public or other employment, to enroll or attend
school under subdivision 3b, or to attend orientation:
(a) for the first failure, the needs of the noncompliant
individual shall not be taken into account in making the grant
determination, until the individual complies with the
requirements;
(b) for the second failure, the needs of the noncompliant
individual shall not be taken into account in making the grant
determination until the individual complies with the requirement
or for three consecutive months, whichever is longer;
(c) for subsequent failures, the needs of the noncompliant
individual shall not be taken into account in making the grant
determination until the individual complies with the requirement
or for six consecutive months, whichever is longer;
(d) aid with respect to a dependent child who has been
sanctioned under this paragraph shall be continued for the
parent or parents of the child if the child is the only child
receiving aid in the family, the child continues to meet the
conditions of section 256.73, and the family is otherwise
eligible for aid;
(e) if the noncompliant individual is a parent or other
relative caretaker, payments of aid for any dependent child in
the family must be made in the form of protective or vendor
payments. When protective payments are required, the county
agency may continue payments to the caretaker if a protective
payee cannot reasonably be found. When protective payments are
imposed on assistance units whose basis of eligibility is
unemployed parent or incapacitated parent a two-parent family,
cash payments may continue to the nonsanctioned caretaker in the
assistance unit who remains eligible for AFDC, subject to
paragraph (g);
(f) If, after removing a caretaker's needs from the grant,
only dependent children remain eligible for AFDC, the standard
of assistance shall be computed using the special children
standard;
(g) if the noncompliant individual is a principal wage
earner in a family whose basis of eligibility is the
unemployment of a parent in a two-parent family and the
nonprincipal wage earner other parent is not participating in an
approved employment and training service, the needs of both the
principal and nonprincipal wage earner parents must not be taken
into account in making the grant determination; and
(7) Request approval from the secretary of health and human
services to use vendor payment sanctions for persons listed in
paragraph (5), clause (b). If approval is granted, the
commissioner must begin using vendor payment sanctions as soon
as changes to the state plan are approved.
Sec. 19. Minnesota Statutes 1995 Supplement, section
256.736, subdivision 10, is amended to read:
Subd. 10. [COUNTY DUTIES.] (a) To the extent of available
state appropriations, county boards shall:
(1) refer all mandatory and eligible volunteer caretakers
permitted to participate under subdivision 3a to an employment
and training service provider for participation in employment
and training services;
(2) identify to the employment and training service
provider the target group of which the referred caretaker is a
member, if any, and whether the person's participation is
mandatory or voluntary;
(3) provide all caretakers with an orientation which meets
the requirements in subdivisions 10a and 10b;
(4) work with the employment and training service provider
to encourage voluntary participation by caretakers in the target
groups in employment and training services;
(5) work with the employment and training service provider
to collect data as required by the commissioner;
(6) to the extent permissible under federal law, require
all caretakers coming into the AFDC program to attend
orientation;
(7) encourage nontarget caretakers to develop a plan to
obtain self-sufficiency;
(8) notify the commissioner of the caretakers required to
who participate in employment and training services;
(9) inform appropriate caretakers of opportunities
available through the head start program and encourage
caretakers to have their children screened for enrollment in the
program where appropriate;
(10) provide transportation assistance using available
funds to caretakers who participate in employment and training
programs;
(11) ensure that the required services of orientation, job
search, services to custodial parents under the age of 20 who
have not completed high school or an equivalent program, job
search, educational activities, and work experience for AFDC-UP
two-parent families, and case management services are made
available to appropriate caretakers under this section, except
that payment for case management services is governed by
subdivision 13 and that services are provided to volunteer
caretakers to the extent resources permit;
(12) explain in its local service unit plan under section
268.88 how it will ensure that target caretakers determined to
be in need of social services are provided with such social
services. The plan must specify how the case manager and the
county social service workers will ensure delivery of needed
services;
(13) to the extent allowed by federal laws and regulations,
provide a job search program as defined in subdivision 14, a
community work experience program as defined in section 256.737,
grant diversion as defined in section 256.739, and on-the-job
training as defined in section 256.738. A county may also
provide another work and training program approved by the
commissioner and the secretary of the United States Department
of Health and Human Services. Planning and approval for
employment and training services listed in this clause must be
obtained through submission of the local service unit plan as
specified under section 268.88. A county is not required to
provide a community work experience program if the county agency
is successful in placing at least 40 60 percent of the monthly
average of all caretakers who are subject to the job search
requirements of subdivision 14 in grant diversion or on-the-job
training program;
(14) prior to participation, provide an assessment of each
AFDC recipient who is required or volunteers to participate in
an approved employment and training service. The assessment
must include an evaluation of the participant's (i) educational,
child care, and other supportive service needs; (ii) skills and
prior work experience; and (iii) ability to secure and retain a
job which, when wages are added to child support, will support
the participant's family. The assessment must also include a
review of the results of the early and periodic screening,
diagnosis and treatment (EPSDT) screening and preschool
screening under chapter 123, if available; the participant's
family circumstances; and, in the case of a custodial parent
under the age of 18, a review of the effect of a child's
development and educational needs on the parent's ability to
participate in the program;
(15) develop an employability development plan for each
recipient for whom an assessment is required under clause (14)
which:
(i) reflects the assessment required by clause (14);
(ii) takes into consideration the recipient's physical
capacity, skills, experience, health and safety, family
responsibilities, place of residence, proficiency, child care
and other supportive service needs;
(iii) is based on available resources and local employment
opportunities;
(iv) specifies the services to be provided by the
employment and training service provider;
(v) specifies the activities the recipient will participate
in, including the worksite to which the caretaker will be
assigned, if the caretaker is subject to the requirements of
section 256.737, subdivision 2;
(vi) specifies necessary supportive services such as child
care;
(vii) reflects the effort to arrange mandatory activities
so that the activities do not interfere with access to available
English as a second language classes and to the extent possible,
reflects the preferences of the participant;
(viii) includes a written agreement between the county
agency and the caretaker that outlines a reasonable schedule for
completing the plan, including specific completion deadlines,
and confirms that
(A) there is a market for full-time employees with this
education or training where the caretaker will or is willing to
reside upon completion of the program;
(B) the average wage level for employees with this
education or training is greater than the caretaker can earn
without this education or training;
(C) the caretaker has the academic ability to successfully
complete the program; and
(D) there is a reasonable expectation that the caretaker
will complete the training program based on such factors as the
caretaker's previous education, training, work history, current
motivation, and changes in previous circumstances; and
(ix) specifies the recipient's long-term employment goal
which shall lead to self-sufficiency. Caretakers shall be
counseled to set realistic attainable goals, taking into account
the long-term needs of the caretaker and the caretaker's family;
(16) provide written notification to and obtain the written
concurrence of the appropriate exclusive bargaining
representatives with respect to job duties covered under
collective bargaining agreements and assure that no work
assignment under this section or sections 256.737, 256.738, and
256.739, or the Minnesota parent's fair share mandatory
community work experience program results in: (i) termination,
layoff, or reduction of the work hours of an employee for the
purpose of hiring an individual under this section or sections
256.737, 256.738, and 256.739; (ii) the hiring of an individual
if any other person is on layoff from the same or a
substantially equivalent job; (iii) any infringement of the
promotional opportunities of any currently employed individual;
(iv) the impairment of existing contracts for services or
collective bargaining agreements; or (v) except for on-the-job
training under section 256.738, a participant filling an
established unfilled position vacancy. If an exclusive
bargaining representative and a county or public service
employer disagree regarding whether job duties are covered under
a collective bargaining agreement, the exclusive bargaining
representative or the county or public service employer may
petition the bureau of mediation services, and the bureau shall
determine if the job duties are covered by a collective
bargaining agreement; and
(17) assess each caretaker in an AFDC-UP a two-parent
family who is under age 25, has not completed high school or a
high school equivalency program, and who would otherwise be
required to participate in a work experience placement under
section 256.737 to determine if an appropriate secondary
education option is available for the caretaker. If an
appropriate secondary education option is determined to be
available for the caretaker, the caretaker must, in lieu of
participating in work experience, enroll in and meet the
educational program's participation and attendance
requirements. "Secondary education" for this paragraph means
high school education or education designed to prepare a person
to qualify for a high school equivalency certificate, basic and
remedial education, and English as a second language education.
A caretaker required to participate in secondary education who,
without good cause, fails to participate shall be subject to the
provisions of subdivision 4a and the sanction provisions of
subdivision 4, clause (6). For purposes of this clause, "good
cause" means the inability to obtain licensed or legal
nonlicensed child care services needed to enable the caretaker
to attend, inability to obtain transportation needed to attend,
illness or incapacity of the caretaker or another member of the
household which requires the caretaker to be present in the
home, or being employed for more than 30 hours per week; and
(18) provide counseling and other personal follow-up
support as needed for up to six months after the participant
loses AFDC eligibility to assist the person to maintain
employment or to secure new employment.
(b) Funds available under this subdivision may not be used
to assist, promote, or deter union organizing.
(c) A county board may provide other employment and
training services that it considers necessary to help caretakers
obtain self-sufficiency.
(d) Notwithstanding section 256G.07, when a target
caretaker relocates to another county to implement the
provisions of the caretaker's case management contract or other
written employability development plan approved by the county
human service agency, its case manager or its employment and
training service provider, the county that approved the plan is
responsible for the costs of case management and other services
required to carry out the plan, including employment and
training services. The county agency's responsibility for the
costs ends when all plan obligations have been met, when the
caretaker loses AFDC eligibility for at least 30 days, or when
approval of the plan is withdrawn for a reason stated in the
plan, whichever occurs first. Responsibility for the costs of
child care must be determined under chapter 256H. A county
human service agency may pay for the costs of case management,
child care, and other services required in an approved
employability development plan when the nontarget caretaker
relocates to another county or when a target caretaker again
becomes eligible for AFDC after having been ineligible for at
least 30 days.
Sec. 20. Minnesota Statutes 1995 Supplement, section
256.736, subdivision 10a, is amended to read:
Subd. 10a. [ORIENTATION.] (a) Each county agency must
provide an orientation to all caretakers within its jurisdiction
in the time limits described in this paragraph:
(1) within 60 days of being determined eligible for AFDC
for caretakers with a continued absence or incapacitated parent
basis of eligibility who are permitted to volunteer for services
under subdivision 3a; or
(2) within 30 days of being determined eligible for AFDC
for caretakers with an unemployed parent basis of eligibility
who are required to participate in services under subdivision 3a.
(b) Caretakers are required to attend an in-person
orientation if the caretaker is a member of one of the groups
listed in subdivision 3a, paragraph (a), unless the caretaker is
exempt from registration under subdivision 3 and the caretaker's
exemption basis will not expire within 60 days of being
determined eligible for AFDC, or the caretaker is enrolled at
least half time in any recognized school, training program, or
institution of higher learning and the in-person orientation
cannot be scheduled at a time that does not interfere with the
caretaker's school or training schedule. The county agency
shall require attendance at orientation of caretakers described
in subdivision 3a, paragraph (b) or (c), if the commissioner
determines that the groups are eligible for participation in
employment and training services.
(c) The orientation must consist of a presentation that
informs caretakers of:
(1) the identity, location, and phone numbers of employment
and training and support services available in the county;
(2) the types and locations of child care services
available through the county agency that are accessible to
enable a caretaker to participate in educational programs or
employment and training services;
(3) the child care resource and referral program designated
by the commissioner providing education and assistance to select
child care services and a referral to the child care resource
and referral when assistance is requested;
(4) the obligations of the county agency and service
providers under contract to the county agency;
(5) the rights, responsibilities, and obligations of
participants;
(6) the grounds for exemption from mandatory employment and
training services or educational requirements;
(7) the consequences for failure to participate in
mandatory services or requirements, including the requirement
that volunteer participants comply with their employability
development plan;
(8) the method of entering educational programs or
employment and training services available through the county;
(9) the availability and the benefits of the early and
periodic, screening, diagnosis and treatment (EPSDT) program and
preschool screening under chapter 123;
(10) their eligibility for transition year child care
assistance when they lose eligibility for AFDC due to their
earnings;
(11) their eligibility for extended medical assistance when
they lose eligibility for AFDC due to their earnings; and
(12) the availability of the federal earned income tax
credits and the state working family tax credits; and
(13) the availability and benefits of the Head Start
program.
(d) All orientation programs should provide information to
caretakers on parenting, nutrition, household management, food
preparation, and other subjects relevant to promoting family
integration and self-sufficiency and provide detailed
information on community resources available for training
sessions on these topics.
(e) Orientation must encourage recipients to view AFDC as a
temporary program providing grants and services to individuals
who set goals and develop strategies for supporting their
families without AFDC assistance. The content of the
orientation must not imply that a recipient's eligibility for
AFDC is time limited. Orientation may be provided through
audio-visual methods, but the caretaker must be given an
opportunity for face-to-face interaction with staff of the
county agency or the entity providing the orientation, and an
opportunity to express the desire to participate in educational
programs and employment and training services offered through
the county agency.
(f) County agencies shall not require caretakers to attend
orientation for more than three hours during any period of 12
continuous months. The county agency shall also arrange for or
provide needed transportation and child care to enable
caretakers to attend.
The county or, under contract, the county's employment and
training service provider shall mail written orientation
materials containing the information specified in paragraph (c),
clauses (1) to (3) and (8) to (12) (13), to each caretaker
exempt from attending an in-person orientation or who has good
cause for failure to attend after at least two dates for their
orientation have been scheduled. The county or the county's
employment and training service provider shall follow up with a
phone call or in writing within two weeks after mailing the
material.
(g) Persons required to attend orientation must be informed
of the penalties for failure to attend orientation, support
services to enable the person to attend, what constitutes good
cause for failure to attend, and rights to appeal. Persons
required to attend orientation must be offered a choice of at
least two dates for their first scheduled orientation. No
person may be sanctioned for failure to attend orientation until
after a second failure to attend.
(h) Good cause for failure to attend an in-person
orientation exists when a caretaker cannot attend because of:
(1) temporary illness or injury of the caretaker or of a
member of the caretaker's family that prevents the caretaker
from attending an orientation during the hours when the
orientation is offered;
(2) a judicial proceeding that requires the caretaker's
presence in court during the hours when orientation is
scheduled; or
(3) a nonmedical emergency that prevents the caretaker from
attending an orientation during the hours when orientation is
offered. "Emergency" for the purposes of this paragraph means a
sudden, unexpected occurrence or situation of a serious or
urgent nature that requires immediate action.
(i) Caretakers must receive a second orientation only when:
(1) there has been a 30-day break in AFDC eligibility; and
(2) the caretaker has not attended an orientation within
the previous 12-month period, excluding the month of
reapplication for AFDC.
Sec. 21. Minnesota Statutes 1994, section 256.736,
subdivision 12, is amended to read:
Subd. 12. [CASE MANAGERS EMPLOYMENT AND TRAINING SERVICE
PROVISION.] (a) Counties may directly employ case managers to
provide the employment and training services in this section if
the county is certified as an employment and training service
provider under section 268.0122, or may contract for case
management services with a certified employment and training
service provider. Uncertified counties and contracting agencies
may provide case management services only if they demonstrate
the ability to coordinate employment, training, education, and
support services. The commissioner of economic security shall
determine whether or not an uncertified county or agency has
demonstrated such ability.
(b) Counties that employ case managers must ensure that the
case managers have the skills and knowledge necessary to perform
the variety of tasks described in subdivision 11 this section.
Counties that contract with another agency for case management
services must specify in the contract the skills and knowledge
needed by the case managers. At a minimum, case managers must:
(1) have a thorough knowledge of training, education, and
employment opportunities;
(2) have training or experience in understanding the needs
of AFDC clients and their families; and
(3) be able to formulate creative individualized contracts
employability development plans.
Sec. 22. Minnesota Statutes 1995 Supplement, section
256.736, subdivision 14, is amended to read:
Subd. 14. [JOB SEARCH.] (a) Each county agency must
establish and operate a job search program as provided under
this section. Unless all caretakers in the household are
exempt, one nonexempt caretaker in each AFDC-UP two-parent AFDC
household must be referred to and begin participation in the job
search program within 30 days of being determined eligible for
AFDC. If the assistance unit contains more than one nonexempt
caretaker, the caretakers may determine which caretaker shall
participate. The designation may be changed only once annually
at the annual redetermination of eligibility. If no designation
is made or if the caretakers cannot agree, the county agency
shall designate the caretaker having earned the greater of the
incomes, including in-kind income, during the 24-month period
immediately preceding the month of application for AFDC benefits
as the caretaker that must participate. When no designation is
made or the caretakers cannot agree and neither caretaker had
earnings or the earnings were identical for each caretaker, then
the county agency shall designate the caretaker who must
participate. A caretaker is exempt from job search
participation if:
(1) the caretaker is exempt from registration under
subdivision 3, except that the second caretaker cannot be exempt
to provide child care or care to an ill or incapacitated
household member if the first caretaker is sanctioned for
failure to comply or is exempt under any other exemption
category, provided the first caretaker is capable of providing
the needed care; or
(2) the caretaker is under age 25, has not completed a high
school diploma or an equivalent program, and is participating in
a secondary education program as defined in subdivision 10,
paragraph (a), clause (17), which is approved by the employment
and training service provider in the employability development
plan.
(b) The job search program must provide four consecutive
weeks of job search activities for no less than 20 hours per
week but not more than 32 hours per week. The employment and
training service provider shall specify for each participating
caretaker the number of weeks and hours of job search to be
conducted and shall report to the county agency if the caretaker
fails to cooperate with the job search requirement. A person
for whom lack of proficiency in English, as determined by an
appropriate evaluation, is a barrier to employment, can choose
to attend an available intensive, functional work literacy
program for a minimum of 20 hours in place of the 20 hours of
job search activities. The caretaker's employability
development plan must include the length of time needed in the
program, specific outcomes, attendance requirements, completion
dates, and employment goals as they pertain to the intensive
literacy program.
(c) The job search program may provide services to
non-AFDC-UP caretakers who are not in two-parent families.
(d) After completion of job search requirements in this
section, if the caretaker is not employed, nonexempt caretakers
shall be placed in and must participate in and cooperate with
the work experience program under section 256.737, the
on-the-job training program under section 256.738, or the grant
diversion program under section 256.739. Caretakers must be
offered placement in a grant diversion or on-the-job training
program, if either such employment is available, before being
required to participate in a community work experience program
under section 256.737. When a nonexempt caretaker fails to
cooperate with the job search program, the work experience
program, the on-the-job training program, or the community work
experience program and is subject to the sanction provisions of
subdivision 4, the second caretaker in the assistance unit,
unless exempt, must also be removed from the grant unless that
second caretaker has been referred to and has started
participating in the job search program and subsequently in the
work experience program, the on-the-job training program, or the
community work experience program prior to the date the sanction
begins for the first caretaker. The second caretaker is
ineligible for AFDC until the first caretaker's sanction ends or
the second caretaker cooperates with the requirements.
(e) The commissioner may require that, to the extent of
available resources and provided the second caretaker is
proficient in English, both caretakers in a two-parent AFDC
family where all children are over age six and are not in
kindergarten participate in job search and work experience. A
caretaker shall be determined proficient in English if the
county agency, or its employment and training service provider,
determines that the person has sufficient English language
capabilities to become suitably employed.
If, as of July 1, 1996, the second caretaker is enrolled in
a post-secondary education or training program that is limited
to one year and can reasonably be expected to lead to
employment, the second caretaker is exempt from job search and
work experience for a period of one year or until the caretaker
stops attending the post-secondary program, whichever is shorter.
Sec. 23. Minnesota Statutes 1995 Supplement, section
256.736, subdivision 16, is amended to read:
Subd. 16. [ALLOCATION AND USE OF MONEY.] (a) State money
appropriated for employment and training services under this
section must be allocated to counties as specified in paragraphs
(b) to (l).
(b) For purposes of this subdivision, "targeted caretaker"
means a recipient who:
(1) is a custodial parent under the age of 24 who: (i) has
not completed a high school education and at the time of
application for AFDC is not enrolled in high school or in a high
school equivalency program; or (ii) had little or no work
experience in the preceding year;
(2) is a member of a family in which the youngest child is
within two years of being ineligible for AFDC due to age; or
(3) has received 36 months or more of AFDC over the last 60
months.
(c) One hundred percent of the money appropriated for case
management services as described in subdivision 11 must be
allocated to counties based on the average number of cases in
each county described in clause (1). Money appropriated for
employment and training services as described in subdivision 1a,
paragraph (d), other than case management services, must be
allocated to counties as follows:
(1) Forty percent of the state money must be allocated
based on the average number of cases receiving AFDC in the
county which either have been open for 36 or more consecutive
months or have a caretaker who is under age 24 and who has no
high school or general equivalency diploma. The average number
of cases must be based on counts of these cases as of March 31,
June 30, September 30, and December 31 of the previous year.
(2) Twenty percent of the state money must be allocated
based on the average number of cases receiving AFDC in the
county which are not counted under clause (1). The average
number of cases must be based on counts of cases as of March 31,
June 30, September 30, and December 31 of the previous year.
(3) Twenty-five percent of the state money must be
allocated based on the average monthly number of assistance
units in the county receiving AFDC-UP for the period ending
December 31 of the previous year.
(4) Fifteen percent of the state money must be allocated at
the discretion of the commissioner based on participation levels
for target group members in each county.
(d) No more than 15 percent of the money allocated under
paragraph (b) and no more than 15 percent of the money allocated
under paragraph (c) may be used for administrative activities.
(e) At least 55 percent of the money allocated to counties
under paragraph (c) must be used for employment and training
services for caretakers in the target groups, and up to 45
percent of the money may be used for employment and training
services for nontarget caretakers. One hundred percent of the
money allocated to counties for case management services must be
used to provide those services to caretakers in the target
groups.
(f) Money appropriated to cover the nonfederal share of
costs for bilingual case management services to refugees for the
employment and training programs under this section are
allocated to counties based on each county's proportion of the
total statewide number of AFDC refugee cases. However, counties
with less than one percent of the statewide number of AFDC
refugee cases do not receive an allocation.
(g) Counties, the department of economic security, and
entities under contract with either the department of economic
security or the department of human services for provision of
STRIDE related services shall bill the commissioner of human
services for any expenditures incurred by the county, the
county's employment and training service provider, or the
department of economic security that may be reimbursed by
federal money. The commissioner of human services shall bill
the United States Department of Health and Human Services and
the United States Department of Agriculture for the
reimbursement and appropriate the reimbursed money to the
county, the department of economic security, or employment and
training service provider that submitted the original bill. The
reimbursed money must be used to expand employment and training
services.
(h) The commissioner of human services shall review county
expenditures of case management and employment and training
block grant money at the end of the third quarter of the
biennium and each quarter after that, and may reallocate
unencumbered or unexpended money allocated under this section to
those counties that can demonstrate a need for additional
money. Reallocation of funds must be based on the formula set
forth in paragraph (a), excluding the counties that have not
demonstrated a need for additional funds.
(i) The county agency may continue to provide case
management and supportive services to a participant for up to 90
days after the participant loses AFDC eligibility and may
continue providing a specific employment and training service
for the duration of that service to a participant if funds for
the service are obligated or expended prior to the participant
losing AFDC eligibility.
(j) One hundred percent of the money appropriated for an
unemployed parent work experience program under section 256.737
must be allocated to counties based on the average monthly
number of assistance units in the county receiving AFDC-UP for
the period ending December 31 of the previous year.
(k) The commissioner may waive the requirement of paragraph
(e) that case management funds be spent only on case management
services in order to permit the development of a unified STRIDE
funding allocation for each county agency. The unified
allocation may be expended by the county agency for case
management and employment and training activities in the
proportion determined necessary to streamline administrative
procedures and enhance program performance. The commissioner,
in consultation with the commissioner of economic security, may
also grant a waiver from program spending limits in paragraphs
(d) and (e) to any county which can demonstrate increased
program effectiveness through a written request to the
department. Counties which request a waiver of the spending
limits in paragraphs (d) and (e) shall amend their local service
unit plans and receive approval of the plans prior to commencing
the waiver. The commissioners of human services and economic
security shall annually evaluate the effectiveness of all
waivers approved under this subdivision.
(l) Effective July 1, 1995, the commissioner of human
services shall begin developing a performance model for the
purpose of analyzing each county's performance in the provision
of STRIDE employment and training services. Beginning February
1, 1997, and each year thereafter, the commissioner of human
services shall inform each county of the county's performance
based upon the following measures:
(1) employment rate at termination of STRIDE eligibility;
(2) wage rate at termination of STRIDE eligibility;
(3) average annual cost per placement calculated by
dividing the total STRIDE expenditures by the number of
participants placed in unsubsidized employment;
(4) AFDC-UP participation rate;
(5) percentage of 18- and 19-year-old custodial parents
subject to secondary education requirements of subdivision 3b
who complete secondary education or equivalent course of study;
and
(6) achievement of federally mandated JOBS participation
rate.
Performance measures (1), (2), and (3) shall be adjusted to
reflect local conditions.
County agencies must take the results of these performance
measures into consideration when selecting employment and
training service providers.
Sec. 24. Minnesota Statutes 1995 Supplement, section
256.737, subdivision 7, is amended to read:
Subd. 7. [INJURY PROTECTION FOR WORK EXPERIENCE
PARTICIPANTS.] (a) Payment of any claims resulting from an
alleged injury or death of a recipient participating in a
community work experience program established and operated by a
county or a tribal JOBS program pursuant to this section shall
be determined in accordance with this section. This
determination method applies to work experience programs
established under aid to families with dependent children, work
readiness, Minnesota parent's fair share, and to obligors
participating in community services pursuant to section 518.551,
subdivision 5a, in a county with an approved community
investment program.
(b) Claims that are subject to this section shall be
investigated by the county agency or the tribal JOBS program
responsible for supervising the work to determine whether the
claimed injury occurred, whether the claimed medical expenses
are reasonable, and whether the loss is covered by the
claimant's insurance. If insurance coverage is established, the
county agency or tribal JOBS program shall submit the claim to
the appropriate insurance entity for payment. The investigating
county agency or tribal JOBS program shall submit all valid
claims, in the amount net of any insurance payments, to the
department of human services.
(c) The department of human services shall submit all
claims for impairment compensation to the commissioner of labor
and industry. The commissioner of labor and industry shall
review all submitted claims and recommend to the department of
human services an amount of compensation comparable to that
which would be provided under the impairment compensation
schedule of section 176.101, subdivision 3b.
(d) The department of human services shall approve a claim
of $1,000 or less for payment if appropriated funds are
available, if the county agency or tribal JOBS program
responsible for supervising the work has made the determinations
required by this section, and if the work program was operated
in compliance with the safety provisions of this section. The
department shall pay the portion of an approved claim of $1,000
or less that is not covered by the claimant's insurance within
three months of the date of submission. On or before February 1
of each legislative session, the department shall submit to the
appropriate committees of the senate and the house of
representatives a list of claims of $1,000 or less paid during
the preceding calendar year and shall be reimbursed by
legislative appropriation for any claims that exceed the
original appropriation provided to the department to operate
this program. Any unspent money from this appropriation shall
carry over to the second year of the biennium, and any unspent
money remaining at the end of the second year shall be returned
to the state general fund.
On or before February 1 of each year, the department shall
submit to the appropriate committees of the senate and the house
of representatives a list of claims in excess of $1,000 and a
list of claims of $1,000 or less that were submitted to but not
paid by the department of human services, together with any
recommendations of appropriate compensation. These claims shall
be heard and determined by the appropriate committees of the
senate and house of representatives and, if approved, shall be
paid under the legislative claims procedure.
(e) Compensation paid under this section is limited to
reimbursement for reasonable medical expenses and impairment
compensation for disability in like amounts as allowed in
section 176.101, subdivision 3b. Compensation for injuries
resulting in death shall include reasonable medical expenses and
burial expenses in addition to payment to the participant's
estate in an amount up to $200,000. No compensation shall be
paid under this section for pain and suffering, lost wages, or
other benefits provided in chapter 176. Payments made under
this section shall be reduced by any proceeds received by the
claimant from any insurance policy covering the loss. For the
purposes of this section, "insurance policy" does not include
the medical assistance program authorized under chapter 256B or
the general assistance medical care program authorized under
chapter 256D.
(f) The procedure established by this section is exclusive
of all other legal, equitable, and statutory remedies against
the state, its political subdivisions, or employees of the state
or its political subdivisions. The claimant shall not be
entitled to seek damages from any state or, county, tribal, or
reservation insurance policy or self-insurance program.
(g) A claim is not valid for purposes of this subdivision
if the local agency responsible for supervising the work cannot
verify to the department of human services:
(1) that appropriate safety training and information is
provided to all persons being supervised by the agency under
this subdivision; and
(2) that all programs involving work by those persons
comply with federal Occupational Safety and Health
Administration and state department of labor and industry safety
standards. A claim that is not valid because of failure to
verify safety training or compliance with safety standards will
not be paid by the department of human services or through the
legislative claims process and must be heard, decided, and paid,
if appropriate, by the local government unit or tribal JOBS
program responsible for supervising the work of the claimant.
(h) This program is effective July 1, 1995. Claims may be
submitted on or after November 1, 1995.
Sec. 25. Minnesota Statutes 1995 Supplement, section
256.76, subdivision 1, is amended to read:
Subdivision 1. Upon the completion of the investigation
the county agency shall decide whether the child is eligible for
assistance under the provisions of sections 256.72 to 256.87 and
determine the amount of the assistance and the date on which the
assistance begins. A decision on an application for assistance
must be made as promptly as possible and no more than 30 days
from the date of application. Notwithstanding section 393.07,
the county agency shall not delay approval or issuance of
assistance pending formal action of the county board of
commissioners. The first month's grant shall be based upon that
portion of the month from the date of application, or from the
date that the applicant meets all eligibility factors, whichever
occurs later, provided that on the date that assistance is first
requested, the county agency shall inquire and determine whether
the person requesting assistance is in immediate need of food,
shelter, clothing, or other emergency assistance. If an
emergency need is found to exist, the applicant shall be granted
assistance pursuant to section 256.871 within a reasonable
period of time. It The county shall make a grant of assistance
which shall be binding upon the county and be complied with by
the county until the grant is modified or vacated. The county
agency shall notify the applicant of its decision in writing.
The assistance shall be paid monthly to the applicant or to the
vendor of medical care upon order of the county agency from
funds appropriated to the county agency for this purpose.
Sec. 26. Minnesota Statutes 1995 Supplement, section
256.81, is amended to read:
256.81 [COUNTY AGENCY, DUTIES.]
(1) The county agency shall keep such records, accounts,
and statistics in relation to aid to families with dependent
children as the state agency shall prescribe.
(2) Each grant of aid to families with dependent children
shall be paid to the recipient by the county agency unless paid
by the state agency. Payment must be by check or electronic
means in the form of a warrant immediately redeemable in cash,
electronic benefits transfer, or by direct deposit into the
recipient's account in a financial institution, except in those
instances in which the county agency, subject to the rules of
the state agency, determines that payments for care shall be
made to an individual other than the parent or relative with
whom the dependent child is living or to vendors of goods and
services for the benefit of the child because such parent or
relative is unable to properly manage the funds in the best
interests and welfare of the child. There is a presumption of
mismanagement of funds whenever a recipient is more than 30 days
in arrears on payment of rent, except when the recipient has
withheld rent to enforce the recipient's right to withhold the
rent in accordance with federal, state, or local housing laws.
In cases of mismanagement based solely on failure to pay rent,
the county may vendor the rent payments to the landlord. At the
request of a recipient, the state or county may make payments
directly to vendors of goods and services, but only for goods
and services appropriate to maintain the health and safety of
the child, as determined by the county.
(3) The state or county may ask the recipient to give
written consent authorizing the state or county to provide
advance notice to a vendor before vendor payments of rent are
reduced or terminated. Whenever possible under state and
federal laws and regulations and if the recipient consents, the
state or county shall provide at least 30 days notice to vendors
before vendor payments of rent are reduced or terminated. If 30
days notice cannot be given, the state or county shall notify
the vendor within three working days after the date the state or
county becomes aware that vendor payments of rent will be
reduced or terminated. When the county notifies a vendor that
vendor payments of rent will be reduced or terminated, the
county shall include in the notice that it is illegal to
discriminate on the grounds that a person is receiving public
assistance and the penalties for violation. The county shall
also notify the recipient that it is illegal to discriminate on
the grounds that a person is receiving public assistance and the
procedures for filing a complaint. The county agency may
develop procedures, including using the MAXIS system, to
implement vendor notice and may charge vendors a fee not
exceeding $5 to cover notification costs.
(4) A vendor payment arrangement is not a guarantee that a
vendor will be paid by the state or county for rent, goods, or
services furnished to a recipient, and the state and county are
not liable for any damages claimed by a vendor due to failure of
the state or county to pay or to notify the vendor on behalf of
a recipient, except under a specific written agreement between
the state or county and the vendor or when the state or county
has provided a voucher guaranteeing payment under certain
conditions.
(5) The county shall be paid from state and federal funds
available therefor the amount provided for in section 256.82.
(6) Federal funds available for administrative purposes
shall be distributed between the state and the counties in the
same proportion that expenditures were made except as provided
for in section 256.017.
(7) The affected county may require that assistance paid
under the AFDC emergency assistance program in the form of a
rental unit damage deposit, less any amount retained by the
landlord to remedy a tenant's default in payment of rent or
other funds due to the landlord pursuant to a rental agreement,
or to restore the premises to the condition at the commencement
of the tenancy, ordinary wear and tear excepted, be returned to
the county when the individual vacates the premises or paid to
the recipient's new landlord as a vendor payment. The vendor
payment of returned funds shall not be considered a new use of
emergency assistance.
Sec. 27. [256.9831] [BENEFITS; GAMBLING ESTABLISHMENTS.]
Subdivision 1. [DEFINITION.] For purposes of this section
"gambling establishment" means a bingo hall licensed under
section 349.164, a racetrack licensed under section 240.06 or
240.09, a casino operated under a tribal-state compact under
section 3.9221, or any other establishment that receives at
least 50 percent of its gross revenue from the conduct of
gambling.
Subd. 2. [FINANCIAL TRANSACTION CARDS.] The commissioner
shall take all actions necessary to insure that no person may
obtain benefits under chapter 256 or 256D through the use of a
financial transaction card, as defined in section 609.821,
subdivision 1, paragraph (a), at a terminal located in or
attached to a gambling establishment.
Subd. 3. [WARRANTS.] The commissioner shall take all
actions necessary to insure that warrants issued to pay benefits
under chapter 256 or 256D bear a restrictive endorsement that
prevents their being cashed in a gambling establishment.
Sec. 28. Minnesota Statutes 1995 Supplement, section
256D.02, subdivision 12a, is amended to read:
Subd. 12a. [RESIDENT.] (a) For purposes of eligibility for
general assistance under section 256D.05, and payments under
section 256D.051 and general assistance medical care, a
"resident" is a person living in the state for at least 30 days
with the intention of making the person's home here and not for
any temporary purpose. All applicants for these programs are
required to demonstrate the requisite intent and can do so in
any of the following ways:
(1) by showing that the applicant maintains a residence at
a verified address, other than a place of public accommodation.
An applicant may verify a residence address by presenting a
valid state driver's license, a state identification card, a
voter registration card, a rent receipt, a statement by the
landlord, apartment manager, or homeowner verifying that the
individual is residing at the address, or other form of
verification approved by the commissioner; or
(2) by providing written documentation verifying residence
in accordance with Minnesota Rules, part 9500.1219, subpart 3,
item (c).
(b) An applicant who has been in the state for less than 30
days shall be considered a resident if the applicant can provide
documentation:
(1) that the applicant came to was born in the state in
response to an offer of employment;
(3) by providing verification (2) that the applicant has
been a long-time resident of the state or was formerly a
resident of the state for at least 365 days and is returning to
the state from a temporary absence, as those terms are defined
in rules to be adopted by the commissioner;
(3) that the applicant has come to the state to join a
close relative which, for purposes of this subdivision, means a
parent, grandparent, brother, sister, spouse, or child; or
(4) by providing other persuasive evidence to show that the
applicant is a resident of the state, according to rules adopted
by the commissioner that the applicant has come to this state to
accept a bona fide offer of employment for which the applicant
is eligible.
A county agency shall waive the 30-day residency
requirement in cases of emergencies, including medical
emergencies, or where unusual hardship would result from denial
of general assistance medical care. A county may waive the
30-day residency requirement in cases of emergencies, including
medical emergencies, or where unusual hardship would result from
denial of general assistance. The county agency must report to
the commissioner within 30 days on any waiver granted under this
section. The county shall not deny an application solely
because the applicant does not meet at least one of the criteria
in this subdivision, but shall continue to process the
application and leave the application pending until the
residency requirement is met or until eligibility or
ineligibility is established.
Sec. 29. Minnesota Statutes 1995 Supplement, section
256D.03, subdivision 2, is amended to read:
Subd. 2. After December 31, 1980, state aid shall be paid
for 75 percent of all general assistance and grants up to the
standards of sections section 256D.01, subdivision 1a, and
256D.051, and according to procedures established by the
commissioner, except as provided for under section 256.017.
Benefits shall be issued to recipients by the state or county
and funded according to section 256.025, subdivision 3.
Beginning July 1, 1991, the state will reimburse counties
according to the payment schedule in section 256.025 for the
county share of county agency expenditures made under this
subdivision from January 1, 1991, on. Payment to counties under
this subdivision is subject to the provisions of section 256.017.
Sec. 30. Minnesota Statutes 1995 Supplement, section
256D.03, subdivision 2a, is amended to read:
Subd. 2a. [COUNTY AGENCY OPTIONS.] Any county agency may,
from its own resources, make payments of general assistance:
(a) at a standard higher than that established by the
commissioner without reference to the standards of section
256D.01, subdivision 1; or (b) to persons not meeting the
eligibility standards set forth in section 256D.05, subdivision
1, or 256D.051 but for whom the aid would further the purposes
established in the general assistance program in accordance with
rules adopted by the commissioner pursuant to the administrative
procedure act. The Minnesota department of human services may
maintain client records and issue these payments, providing the
cost of benefits is paid by the counties to the department of
human services in accordance with sections 256.01 and 256.025,
subdivision 3.
Sec. 31. Minnesota Statutes 1995 Supplement, section
256D.03, subdivision 3, is amended to read:
Subd. 3. [GENERAL ASSISTANCE MEDICAL CARE; ELIGIBILITY.]
(a) General assistance medical care may be paid for any person
who is not eligible for medical assistance under chapter 256B,
including eligibility for medical assistance based on a
spenddown of excess income according to section 256B.056,
subdivision 5, and:
(1) who is receiving assistance under section 256D.05 or
256D.051, or who is having a payment made on the person's behalf
under sections 256I.01 to 256I.06; or
(2)(i) who is a resident of Minnesota; and whose equity in
assets is not in excess of $1,000 per assistance unit. No asset
test shall be applied to children and their parents living in
the same household. Exempt assets, the reduction of excess
assets, and the waiver of excess assets must conform to the
medical assistance program in chapter 256B, with the following
exception: the maximum amount of undistributed funds in a trust
that could be distributed to or on behalf of the beneficiary by
the trustee, assuming the full exercise of the trustee's
discretion under the terms of the trust, must be applied toward
the asset maximum; and
(ii) who has countable income not in excess of the
assistance standards established in section 256B.056,
subdivision 4, or whose excess income is spent down pursuant to
section 256B.056, subdivision 5, using a six-month budget
period, except that a one-month budget period must be used for
recipients residing in a long-term care facility. The method
for calculating earned income disregards and deductions for a
person who resides with a dependent child under age 21 shall be
as specified in section 256.74, subdivision 1. However, if a
disregard of $30 and one-third of the remainder described in
section 256.74, subdivision 1, clause (4), has been applied to
the wage earner's income, the disregard shall not be applied
again until the wage earner's income has not been considered in
an eligibility determination for general assistance, general
assistance medical care, medical assistance, or aid to families
with dependent children for 12 consecutive months. The earned
income and work expense deductions for a person who does not
reside with a dependent child under age 21 shall be the same as
the method used to determine eligibility for a person under
section 256D.06, subdivision 1, except the disregard of the
first $50 of earned income is not allowed; or
(3) who would be eligible for medical assistance except
that the person resides in a facility that is determined by the
commissioner or the federal health care financing administration
to be an institution for mental diseases.
(b) Eligibility is available for the month of application,
and for three months prior to application if the person was
eligible in those prior months. A redetermination of
eligibility must occur every 12 months.
(c) General assistance medical care is not available for a
person in a correctional facility unless the person is detained
by law for less than one year in a county correctional or
detention facility as a person accused or convicted of a crime,
or admitted as an inpatient to a hospital on a criminal hold
order, and the person is a recipient of general assistance
medical care at the time the person is detained by law or
admitted on a criminal hold order and as long as the person
continues to meet other eligibility requirements of this
subdivision.
(d) General assistance medical care is not available for
applicants or recipients who do not cooperate with the county
agency to meet the requirements of medical assistance.
(e) In determining the amount of assets of an individual,
there shall be included any asset or interest in an asset,
including an asset excluded under paragraph (a), that was given
away, sold, or disposed of for less than fair market value
within the 60 months preceding application for general
assistance medical care or during the period of eligibility.
Any transfer described in this paragraph shall be presumed to
have been for the purpose of establishing eligibility for
general assistance medical care, unless the individual furnishes
convincing evidence to establish that the transaction was
exclusively for another purpose. For purposes of this
paragraph, the value of the asset or interest shall be the fair
market value at the time it was given away, sold, or disposed
of, less the amount of compensation received. For any
uncompensated transfer, the number of months of ineligibility,
including partial months, shall be calculated by dividing the
uncompensated transfer amount by the average monthly per person
payment made by the medical assistance program to skilled
nursing facilities for the previous calendar year. The
individual shall remain ineligible until this fixed period has
expired. The period of ineligibility may exceed 30 months, and
a reapplication for benefits after 30 months from the date of
the transfer shall not result in eligibility unless and until
the period of ineligibility has expired. The period of
ineligibility begins in the month the transfer was reported to
the county agency, or if the transfer was not reported, the
month in which the county agency discovered the transfer,
whichever comes first. For applicants, the period of
ineligibility begins on the date of the first approved
application.
(f)(1) Beginning October 1, 1993, an undocumented alien or
a nonimmigrant is ineligible for general assistance medical care
other than emergency services. For purposes of this
subdivision, a nonimmigrant is an individual in one or more of
the classes listed in United States Code, title 8, section
1101(a)(15), and an undocumented alien is an individual who
resides in the United States without the approval or
acquiescence of the Immigration and Naturalization Service.
(2) This subdivision does not apply to a child under age
18, to a Cuban or Haitian entrant as defined in Public Law
Number 96-422, section 501(e)(1) or (2)(a), or to an alien who
is aged, blind, or disabled as defined in United States Code,
title 42, section 1382c(a)(1).
(3) For purposes of paragraph (f), "emergency services" has
the meaning given in Code of Federal Regulations, title 42,
section 440.255(b)(1), except that it also means services
rendered because of suspected or actual pesticide poisoning.
Sec. 32. Minnesota Statutes 1995 Supplement, section
256D.05, subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] (a) Each person or family
whose income and resources are less than the standard of
assistance established by the commissioner and who is a resident
of the state shall be eligible for and entitled to general
assistance if the person or family is:
(1) a person who is suffering from a professionally
certified permanent or temporary illness, injury, or incapacity
which is expected to continue for more than 30 days and which
prevents the person from obtaining or retaining employment;
(2) a person whose presence in the home on a substantially
continuous basis is required because of the professionally
certified illness, injury, incapacity, or the age of another
member of the household;
(3) a person who has been placed in, and is residing in, a
licensed or certified facility for purposes of physical or
mental health or rehabilitation, or in an approved chemical
dependency domiciliary facility, if the placement is based on
illness or incapacity and is pursuant to a plan developed or
approved by the county agency through its director or designated
representative;
(4) a person who resides in a shelter facility described in
subdivision 3;
(5) a person not described in clause (1) or (3) who is
diagnosed by a licensed physician, psychological practitioner,
or other qualified professional, as mentally retarded or
mentally ill, and that condition prevents the person from
obtaining or retaining employment;
(6) a person who has an application pending for, or is
appealing termination of benefits from, the social security
disability program or the program of supplemental security
income for the aged, blind, and disabled, provided the person
has a professionally certified permanent or temporary illness,
injury, or incapacity which is expected to continue for more
than 30 days and which prevents the person from obtaining or
retaining employment;
(7) a person who is unable to obtain or retain employment
because advanced age significantly affects the person's ability
to seek or engage in substantial work;
(8) a person who has been assessed by a vocational
specialist and, in consultation with the county agency, has been
determined to be unemployable for purposes of this item, a
person is considered employable if there exist positions of
employment in the local labor market, regardless of the current
availability of openings for those positions, that the person is
capable of performing. The person's eligibility under this
category must be reassessed at least annually. The county
agency must provide notice to the person not later than 30 days
before annual eligibility under this item ends, informing the
person of the date annual eligibility will end and the need for
vocational assessment if the person wishes to continue
eligibility under this clause. For purposes of establishing
eligibility under this clause, it is the applicant's or
recipient's duty to obtain any needed vocational assessment;
(9) a person who is determined by the county agency, in
accordance with permanent rules adopted by the commissioner, to
be learning disabled, provided that if a rehabilitation plan for
the person is developed or approved by the county agency, the
person is following the plan;
(10) a child under the age of 18 who is not living with a
parent, stepparent, or legal custodian, but only if: the child
is legally emancipated or living with an adult with the consent
of an agency acting as a legal custodian; the child is at least
16 years of age and the general assistance grant is approved by
the director of the county agency or a designated representative
as a component of a social services case plan for the child; or
the child is living with an adult with the consent of the
child's legal custodian and the county agency. For purposes of
this clause, "legally emancipated" means a person under the age
of 18 years who: (i) has been married; (ii) is on active duty
in the uniformed services of the United States; (iii) has been
emancipated by a court of competent jurisdiction; or (iv) is
otherwise considered emancipated under Minnesota law, and for
whom county social services has not determined that a social
services case plan is necessary, for reasons other than that the
child has failed or refuses to cooperate with the county agency
in developing the plan;
(11) a woman in the last trimester of pregnancy who does
not qualify for aid to families with dependent children. A
woman who is in the last trimester of pregnancy who is currently
receiving aid to families with dependent children may be granted
emergency general assistance to meet emergency needs;
(12) a person who is eligible for displaced homemaker
services, programs, or assistance under section 268.96, but only
if that person is enrolled as a full-time student;
(13) a person who lives more than two hours round-trip
traveling time from any potential suitable employment;
(14) a person who is involved with protective or
court-ordered services that prevent the applicant or recipient
from working at least four hours per day;
(15)(i) a family as defined in section 256D.02, subdivision
5, which is ineligible for the aid to families with dependent
children program.
(ii) unless all adults in the family are exempt under
section 256D.051, subdivision 3a, one each adult in the family
unit must participate in and cooperate with the food stamp
employment and training program under section 256D.051 each
month that the family unit receives general assistance
benefits. If the household contains more than one nonexempt
adult, the adults may determine which adult must participate.
The designation may be changed once annually at the annual
redetermination of eligibility. If no designation is made or if
the adults cannot agree, the county agency shall designate the
adult having earned the greater of the incomes, including
in-kind income, during the 24-month period immediately preceding
the month of application for general assistance, as the adult
that must participate. When there are no earnings or when
earnings are identical for each adult, the county agency shall
designate which adult must participate. The recipient's
participation must begin on no later than the first day of the
first full month following the determination of eligibility for
general assistance benefits. To the extent of available
resources, and with the county agency's consent, the recipient
may voluntarily continue to participate in food stamp employment
and training services for up to three additional consecutive
months immediately following termination of general assistance
benefits in order to complete the provisions of the recipient's
employability development plan. If the an adult member fails
without good cause to participate in or cooperate with the food
stamp employment and training program, the county agency shall
concurrently terminate that person's eligibility for general
assistance and food stamps for two months or until compliance is
achieved, whichever is shorter, using the notice, good cause,
conciliation and termination procedures specified in section
256D.051; or
(16) a person over age 18 whose primary language is not
English and who is attending high school at least half time.
(b) Persons or families who are not state residents but who
are otherwise eligible for general assistance may receive
emergency general assistance to meet emergency needs.
(c) As a condition of eligibility under paragraph (a),
clauses (1), (3), (5), (8), and (9), the recipient must complete
an interim assistance agreement and must apply for other
maintenance benefits as specified in section 256D.06,
subdivision 5, and must comply with efforts to determine the
recipient's eligibility for those other maintenance benefits.
(d) The burden of providing documentation for a county
agency to use to verify eligibility for general assistance or
for exemption from the food stamp employment and training
program is upon the applicant or recipient. The county agency
shall use documents already in its possession to verify
eligibility, and shall help the applicant or recipient obtain
other existing verification necessary to determine eligibility
which the applicant or recipient does not have and is unable to
obtain.
Sec. 33. Minnesota Statutes 1995 Supplement, section
256D.051, subdivision 1, is amended to read:
Subdivision 1. [FOOD STAMP EMPLOYMENT AND TRAINING
PROGRAM.] The commissioner shall implement a food stamp
employment and training program in order to meet the food stamp
employment and training participation requirements of the United
States Department of Agriculture. Unless all adult members of
the food stamp household are exempt under subdivision 3a, one
nonexempt each adult recipient in each household the unit must
participate in the food stamp employment and training program
each month that the household person is eligible for food stamps
, up to a maximum period of six calendar months during any 12
consecutive calendar month period. If the household contains
more than one nonexempt adult, the adults may determine which
adult must participate. The designation may be changed only
once annually at the annual redetermination of eligibility. If
no designation is made or if the adults cannot agree, the county
agency shall designate the adult having earned the greater of
the incomes, including in-kind income, during the 24-month
period immediately preceding the month of application for food
stamp benefits, as the adult that must participate. When there
are no earnings or when earnings are identical for each adult,
the county agency shall designate the adult that must
participate. The person's participation in food stamp
employment and training services must begin on no later than the
first day of the calendar month following the date determination
of eligibility for food stamps. With the county agency's
consent, and to the extent of available resources, the person
may voluntarily continue to participate in food stamp employment
and training services for up to three additional consecutive
months immediately following the end of the six-month mandatory
participation period termination of food stamp benefits in order
to complete the provisions of the person's employability
development plan.
Sec. 34. Minnesota Statutes 1995 Supplement, section
256D.051, subdivision 6, is amended to read:
Subd. 6. [SERVICE COSTS.] Within the limits of available
resources, the commissioner shall reimburse county agency
expenditures for providing food stamp employment and training
services including direct participation expenses and
administrative costs. State food stamp employment and training
funds shall be used only to pay the county agency's and food
stamp employment and training service provider's actual costs of
providing participant support services, direct program services,
and program administrative costs for persons who participate in
such employment and training services. The average annual
reimbursable cost for providing food stamp employment and
training services to a recipient for whom an individualized
employability development plan is not completed must not exceed
$60 for the food stamp employment and training services, and
$240 $340 for necessary recipient support services such as
transportation or child care needed to participate in food stamp
employment and training program. If an individualized
employability development plan has been completed, the average
annual reimbursable cost for providing food stamp employment and
training services must not exceed $300 $400 for all services and
costs necessary to implement the plan, including the costs of
training, employment search assistance, placement, work
experience, on-the-job training, other appropriate activities,
the administrative and program costs incurred in providing these
services, and necessary recipient support services such as
tools, clothing, and transportation needed to participate in
food stamp employment and training services. The county agency
may expend additional county funds over and above the dollar
limits of this subdivision without state reimbursement.
Sec. 35. Minnesota Statutes 1995 Supplement, section
256D.055, is amended to read:
256D.055 [COUNTY DESIGN; WORK FOCUSED PROGRAM.]
The commissioner of human services shall issue a request
for proposals from counties to submit a plan for developing and
implementing a county-designed program. The plan shall be for
first-time applicants for aid to families with dependent
children (AFDC) and family general assistance (FGA) and must
emphasize the importance of becoming employed and oriented into
the work force in order to become self-sufficient. The plan
must target public assistance applicants who are most likely to
become self-sufficient quickly with short-term assistance or
services such as child care, child support enforcement, or
employment and training services.
The plan may include vendor payments, mandatory job search,
refocusing existing county or provider efforts, or other program
features. The commissioner may approve a county plan which
allows a county to use other program funding for the county work
focus program in a more flexible manner. Nothing in this
section shall allow payments made to the public assistance
applicant to be less than the amount the applicant would have
received if the program had not been implemented, or reduce or
eliminate a category of eligible participants from the program
without legislative approval.
The commissioner shall not approve a county plan that would
have an adverse impact on the Minnesota family investment plan
demonstration. If the plan is approved by the commissioner, the
county may implement the plan. If the plan is approved by the
commissioner, but a federal waiver is necessary to implement the
plan, the commissioner shall apply for the necessary federal
waivers. If by July 1, 1996, at least four counties have not
proposed a work focused plan, the commissioner of human services
may pursue the work first plan as provided under sections
256.7351 to 256.7359. However, a county with a work focus plan
that has been approved under this section may implement the plan.
Sec. 36. Minnesota Statutes 1994, section 256D.06, is
amended by adding a subdivision to read:
Subd. 8. [RECOVERY OF ATM ERRORS.] For recipients
receiving benefits via electronic benefit transfer, if the
recipient is overpaid as a result of an automated teller machine
(ATM) dispensing funds in error to the recipient, the agency may
recover the ATM error by immediately withdrawing funds from the
recipient's electronic benefit transfer account, up to the
amount of the error.
Sec. 37. Minnesota Statutes 1995 Supplement, section
256D.09, subdivision 1, is amended to read:
Subdivision 1. [PRESUMPTIVE ELIGIBILITY; VENDOR PAYMENTS.]
Until the county agency has determined the initial eligibility
of the applicant in accordance with section 256D.07 or 256D.051,
grants for emergency general assistance must be in the form of
vouchers or vendor payments unless the county agency determines
that a cash grant will best resolve the applicant's need for
emergency assistance. Thereafter, grants of general assistance
must be paid in cash, by electronic benefit transfer, or by
direct deposit into the recipient's account in a financial
institution, on the first day of the month, except as allowed in
this section.
Sec. 38. Minnesota Statutes 1994, section 256D.10, is
amended to read:
256D.10 [HEARINGS PRIOR TO REDUCTION; TERMINATION;
SUSPENSION OF GENERAL ASSISTANCE GRANTS.]
No grant of general assistance except one made pursuant to
section 256D.06, subdivision 2; 256D.051, subdivisions 1,
paragraph (d), and 1a, paragraph (b); or 256D.08, subdivision 2,
shall be reduced, terminated or suspended unless the recipient
receives notice and is afforded an opportunity to be heard prior
to any action by the county agency.
Nothing herein shall deprive a recipient of the right to
full administrative and judicial review of an order or
determination of a county agency as provided for in section
256.045 subsequent to any action taken by a county agency after
a prior hearing.
Sec. 39. Minnesota Statutes 1994, section 256D.49,
subdivision 3, is amended to read:
Subd. 3. [OVERPAYMENT OF MONTHLY GRANTS AND RECOVERY OF
ATM ERRORS.] When the county agency determines that an
overpayment of the recipient's monthly payment of Minnesota
supplemental aid has occurred, it shall issue a notice of
overpayment to the recipient. If the person is no longer
receiving Minnesota supplemental aid, the county agency may
request voluntary repayment or pursue civil recovery. If the
person is receiving Minnesota supplemental aid, the county
agency shall recover the overpayment by withholding an amount
equal to three percent of the standard of assistance for the
recipient or the total amount of the monthly grant, whichever is
less. For recipients receiving benefits via electronic benefit
transfer, if the overpayment is a result of an automated teller
machine (ATM) dispensing funds in error to the recipient, the
agency may recover the ATM error by immediately withdrawing
funds from the recipient's electronic benefit transfer account,
up to the amount of the error. Residents of nursing homes,
regional treatment centers, and facilities with negotiated rates
shall not have overpayments recovered from their personal needs
allowance.
Sec. 40. Minnesota Statutes 1994, section 256E.08,
subdivision 8, is amended to read:
Subd. 8. [REPORTING BY COUNTIES.] Beginning in calendar
year 1980 each county shall submit to the commissioner of human
services a financial accounting of the county's community social
services fund, and other data required by the commissioner under
section 256E.05, subdivision 3, paragraph (g), shall include:
(a) A detailed statement of income and expenses
attributable to the fund in the preceding quarter; and
(b) A statement of the source and application of all money
used for social services programs by the county during the
preceding quarter, including the number of clients served and
expenditures for each service provided, as required by the
commissioner of human services.
In addition, each county shall submit to the commissioner
of human services no later than February 15 of each year, a
detailed balance sheet of the community social development fund
for the preceding calendar year.
If county boards have joined or designated human service
boards for purposes of providing community social services
programs, the county boards may submit a joint statement or the
human service board shall submit the statement, as applicable.
Sec. 41. Minnesota Statutes 1994, section 336.3-206, is
amended to read:
336.3-206 [RESTRICTIVE ENDORSEMENT.]
(a) An endorsement limiting payment to a particular person
or otherwise prohibiting further transfer or negotiation of the
instrument is not effective to prevent further transfer or
negotiation of the instrument.
(b) An endorsement stating a condition to the right of the
endorsee to receive payment does not affect the right of the
endorsee to enforce the instrument. A person paying the
instrument or taking it for value or collection may disregard
the condition, and the rights and liabilities of that person are
not affected by whether the condition has been fulfilled.
(c) If an instrument bears an endorsement (i) described in
section 336.4-201(b), or (ii) in blank or to a particular bank
using the words "for deposit," "for collection," or other words
indicating a purpose of having the instrument collected by a
bank for the endorser or for a particular account, the following
rules apply:
(1) A person, other than a bank, who purchases the
instrument when so endorsed converts the instrument unless the
amount paid for the instrument is received by the endorser or
applied consistently with the endorsement.
(2) A depositary bank that purchases the instrument or
takes it for collection when so endorsed converts the instrument
unless the amount paid by the bank with respect to the
instrument is received by the endorser or applied consistently
with the endorsement.
(3) A payor bank that is also the depositary bank or that
takes the instrument for immediate payment over the counter from
a person other than a collecting bank converts the instrument
unless the proceeds of the instrument are received by the
endorser or applied consistently with the endorsement.
(4) Except as otherwise provided in paragraph (3), a payor
bank or intermediary bank may disregard the endorsement and is
not liable if the proceeds of the instrument are not received by
the endorser or applied consistently with the endorsement.
(d) Except for an endorsement covered by subsection (c), if
an instrument bears an endorsement using words to the effect
that payment is to be made to the endorsee as agent, trustee, or
other fiduciary for the benefit of the endorser or another
person, the following rules apply:
(1) Unless there is notice of breach of fiduciary duty as
provided in section 336.3-307, a person who purchases the
instrument from the endorsee or takes the instrument from the
endorsee for collection or payment may pay the proceeds of
payment or the value given for the instrument to the endorsee
without regard to whether the endorsee violates a fiduciary duty
to the endorser.
(2) A subsequent transferee of the instrument or person who
pays the instrument is neither given notice nor otherwise
affected by the restriction in the endorsement unless the
transferee or payor knows that the fiduciary dealt with the
instrument or its proceeds in breach of fiduciary duty.
(e) The presence on an instrument of an endorsement to
which this section applies does not prevent a purchaser of the
instrument from becoming a holder in due course of the
instrument unless the purchaser is a converter under subsection
(c) or has notice or knowledge of breach of fiduciary duty as
stated in subsection (d).
(f) In an action to enforce the obligation of a party to
pay the instrument, the obligor has a defense if payment would
violate an endorsement to which this section applies and the
payment is not permitted by this section.
(g) Nothing in this section prohibits or limits the
effectiveness of a restrictive endorsement made under section
256.9831, subdivision 3.
Sec. 42. [WAIVER AUTHORITY.]
The commissioner of human services shall seek federal
waivers as necessary to implement sections 12 and 14.
Sec. 43. [SEVERABILITY.]
If any provision of sections 12, 14, or 28 is found to be
unconstitutional or void by a court of competent jurisdiction,
all remaining provisions of the law shall remain valid and shall
be given full effect.
Sec. 44. [APPROPRIATION.]
$450,000 is appropriated from the general fund to the
commissioner of human services for the fiscal year ending June
30, 1997, to be added to the AFDC child care entitlement fund to
provide child care for two-parent families that are mandatory
participants under Minnesota Statutes, chapter 256.
Sec. 45. [REPEALER.]
Minnesota Statutes 1994, section 256.736, subdivisions 10b
and 11; Minnesota Statutes 1995 Supplement, section 256.736,
subdivision 13, are repealed.
Sec. 46. [EFFECTIVE DATE.]
Sections 29 to 31 and 38 are retroactive to July 1, 1995.
ARTICLE 4
CHILD CARE
Section 1. [APPROPRIATION.]
$5,000,000 is appropriated from the general fund to the
commissioner of children, families, and learning for purposes of
increasing the funding to the basic sliding fee child care
program under Minnesota Statutes, section 256H.03, to be
available for the fiscal year ending June 30, 1997.
ARTICLE 5
HEALTH PLAN PROVISIONS
Section 1. Minnesota Statutes 1994, section 62A.047, is
amended to read:
62A.047 [CHILDREN'S HEALTH SUPERVISION SERVICES AND
PRENATAL CARE SERVICES.]
A policy of individual or group health and accident
insurance regulated under this chapter, or individual or group
subscriber contract regulated under chapter 62C, health
maintenance contract regulated under chapter 62D, or health
benefit certificate regulated under chapter 64B, issued,
renewed, or continued to provide coverage to a Minnesota
resident, must provide coverage for child health supervision
services and prenatal care services. The policy, contract, or
certificate must specifically exempt reasonable and customary
charges for child health supervision services and prenatal care
services from a deductible, copayment, or other coinsurance or
dollar limitation requirement. This section does not prohibit
the use of policy waiting periods or preexisting condition
limitations for these services. Minimum benefits may be limited
to one visit payable to one provider for all of the services
provided at each visit cited in this section subject to the
schedule set forth in this section. Nothing in this section
applies to a commercial health insurance policy issued as a
companion to a health maintenance organization contract, a
policy designed primarily to provide coverage payable on a per
diem, fixed indemnity, or nonexpense incurred basis, or a policy
that provides only accident coverage.
"Child health supervision services" means pediatric
preventive services, appropriate immunizations, developmental
assessments, and laboratory services appropriate to the age of a
child from birth to age six, and appropriate immunizations from
ages six to 18, as defined by Standards of Child Health Care
issued by the American Academy of Pediatrics. Reimbursement
must be made for at least five child health supervision visits
from birth to 12 months, three child health supervision visits
from 12 months to 24 months, once a year from 24 months to 72
months.
"Prenatal care services" means the comprehensive package of
medical and psychosocial support provided throughout the
pregnancy, including risk assessment, serial surveillance,
prenatal education, and use of specialized skills and
technology, when needed, as defined by Standards for
Obstetric-Gynecologic Services issued by the American College of
Obstetricians and Gynecologists.
Sec. 2. [62A.265] [COVERAGE FOR LYME DISEASE.]
Subdivision 1. [REQUIRED COVERAGE.] Every health plan,
including a plan providing the coverage specified in section
62A.011, subdivision 3, clause (10), must cover treatment for
diagnosed Lyme disease.
Subd. 2. [SPECIAL RESTRICTIONS PROHIBITED.] No health plan
included in subdivision 1 may impose a special deductible,
copayment, waiting period, or other special restriction on
treatment for Lyme disease that the health plan does not apply
to nonpreventive treatment in general.
Sec. 3. [EFFECTIVE DATE.]
Sections 1 and 2 are effective August 1, 1996, and apply
to all health plans providing coverage to a Minnesota resident,
issued, renewed, or continued on or after that date.
Presented to the governor April 4, 1996
Signed by the governor April 15, 1996, 1:15 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes