1.1                          A bill for an act 
  1.2             relating to human services; proposing welfare reform 
  1.3             measures; providing recovery of ATM overpayments; 
  1.4             making changes to the Minnesota family investment plan 
  1.5             program; case management services to caregivers; 
  1.6             defining "intensive ESL"; requiring family support 
  1.7             agreement for some families on assistance; changing 
  1.8             provisions in education and training activities; 
  1.9             providing recovery of AFDC overpayment by ATM 
  1.10            machines; defining case manager and two-parent 
  1.11            families; adding provisions for employment and 
  1.12            training services; changing GAMC eligibility; adding 
  1.13            provisions to food stamp employment and training 
  1.14            program; amending Minnesota Statutes 1994, sections 
  1.15            256.033, by adding a subdivision; 256.035, 
  1.16            subdivisions 1 and 6a; 256.736, subdivisions 1a, 3b, 
  1.17            4, 12, and by adding a subdivision; 256D.06, by adding 
  1.18            a subdivision; 256D.49, subdivision 3; and 256E.08, 
  1.19            subdivision 8; Minnesota Statutes 1995 Supplement, 
  1.20            sections 256.0475, by adding a subdivision; 256.048, 
  1.21            subdivisions 1, 6, and 13; 256.73, subdivision 8; 
  1.22            256.736, subdivisions 10, 10a, and 14; 256.81; 
  1.23            256D.03, subdivision 3; 256D.05, subdivision 1; 
  1.24            256D.051, subdivisions 1 and 6; 256D.055; and 256D.09, 
  1.25            subdivision 1; repealing Minnesota Statutes 1994, 
  1.26            section 256.12, subdivisions 14, 15, 20, 21, and 22; 
  1.27            Minnesota Statutes 1995 Supplement, section 256.736, 
  1.28            subdivisions 10b, 11, 13, 16, and 20. 
  1.29  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.30                             ARTICLE 1
  1.31                           WELFARE REFORM
  1.32     Section 1.  [LEGISLATIVE POLICY.] 
  1.33     Subdivision 1.  [LEGISLATIVE FINDINGS.] The legislature 
  1.34  recognizes that: 
  1.35     (1) changes in federal law and federal funding necessitate 
  1.36  changes to Minnesota's public assistance programs; 
  1.37     (2) Minnesota is in the process of testing and evaluating 
  2.1   the Minnesota family investment plan, a program that will change 
  2.2   public assistance programs in Minnesota; and 
  2.3      (3) the Minnesota family investment plan embodies the 
  2.4   principles that should guide Minnesota in implementing changes 
  2.5   necessitated by federal law and federal funding. 
  2.6      Subd. 2.  [WELFARE REFORM PROPOSAL.] (a) The commissioner 
  2.7   shall present the 1997 legislature with a proposal to modify the 
  2.8   Minnesota family investment plan for statewide implementation.  
  2.9   The proposed program must be designed around the following goals:
  2.10     (1) to support work; 
  2.11     (2) to foster personal responsibility; 
  2.12     (3) to support the family; 
  2.13     (4) to simplify the welfare system; and 
  2.14     (5) to prevent dependency. 
  2.15     (b) The proposed program shall provide assistance to all 
  2.16  families with minor children and individuals who meet program 
  2.17  eligibility rules and comply with program requirements and may 
  2.18  set limits on the number of years or months of assistance. 
  2.19     (c) In designing the proposal, the commissioner shall 
  2.20  consider: 
  2.21     (1) evaluation results from the Minnesota family investment 
  2.22  plan; and 
  2.23     (2) program and fiscal analysis of the impact of federal 
  2.24  laws, including proposals to simplify or block grant the food 
  2.25  stamp program. 
  2.26     (d) The commissioner shall consider the following 
  2.27  additional policy options in developing the proposal: 
  2.28     (1) consolidate all income assistance programs into a 
  2.29  single program; 
  2.30     (2) integrate the food stamp program more closely with 
  2.31  income assistance program; 
  2.32     (3) provide disregards of earned income that are not time 
  2.33  limited; 
  2.34     (4) contingent on inclusion of clause (3), provide an 
  2.35  initial period of assistance, not to exceed six months, after 
  2.36  which the grant standard for all assistance units would be 
  3.1   reduced.  After this initial period: 
  3.2      (i) assistance units in which all adults are incapacitated, 
  3.3   as defined by the commissioner, would receive a supplement that 
  3.4   raises the unit's grant standard back to the standard of the 
  3.5   initial period; 
  3.6      (ii) assistance units not included in item (i) could earn 
  3.7   back a portion of the grant reduction by participating in 
  3.8   employment and training services; and 
  3.9      (iii) for assistance units not included in item (i), 
  3.10  earnings equal to the grant reduction would be entirely 
  3.11  disregarded in determining benefits; 
  3.12     (5) pay child support directly to custodial parents 
  3.13  receiving income assistance and budget all or part of the child 
  3.14  support amount against the income assistance benefit; 
  3.15     (6) address the question of providing assistance to 
  3.16  Minnesota residents who are legal noncitizens; 
  3.17     (7) divert applicants from using public assistance through 
  3.18  early intervention focused on meeting immediate needs; and 
  3.19     (8) implement an outcome-based quality assurance program 
  3.20  that measures the effectiveness of transitional support services 
  3.21  by defining target groups, program goals, outcome indicators, 
  3.22  data collection methods, and performance targets. 
  3.23                             ARTICLE 2 
  3.24                     ASSISTANCE PROGRAM CHANGES
  3.25     Section 1.  Minnesota Statutes 1994, section 256.033, is 
  3.26  amended by adding a subdivision to read: 
  3.27     Subd. 6.  [RECOVERY OF ATM OVERPAYMENTS.] For recipients 
  3.28  receiving benefits via electronic benefit transfer, if the 
  3.29  recipient is overpaid as a result of an automated teller machine 
  3.30  (ATM) dispensing funds in error to the recipient, the agency may 
  3.31  recover the overpayment by immediately withdrawing funds from 
  3.32  the recipient's electronic benefit transfer account, up to the 
  3.33  amount of the overpayment. 
  3.34     Sec. 2.  Minnesota Statutes 1994, section 256.035, 
  3.35  subdivision 1, is amended to read: 
  3.36     Subdivision 1.  [EXPECTATIONS.] All families eligible for 
  4.1   assistance under the family investment plan who are assigned to 
  4.2   a test group in the evaluation as provided in section 256.031, 
  4.3   subdivision 3, paragraph (d), are expected to be in transitional 
  4.4   status as defined in section 256.032, subdivision 12.  To be 
  4.5   considered in transitional status, families must meet the 
  4.6   following expectations: 
  4.7      (a) For a family headed by a single adult parental 
  4.8   caregiver, the expectation is that the parental caregiver will 
  4.9   independently pursue self-sufficiency until the family has 
  4.10  received assistance for 24 months within the preceding 36 
  4.11  months.  Beginning with the 25th month of assistance, the parent 
  4.12  must be developing or complying with the terms of the family 
  4.13  support agreement.  
  4.14     (b) For a family with a minor parental caregiver or a 
  4.15  family whose parental caregiver is 18 or 19 years of age and 
  4.16  does not have a high school diploma or its equivalent, the 
  4.17  expectation is that, concurrent with the receipt of assistance, 
  4.18  the parental caregiver must be developing or complying with a 
  4.19  family support agreement.  The terms of the family support 
  4.20  agreement must include compliance with section 256.736, 
  4.21  subdivision 3b.  However, if the assistance unit does not comply 
  4.22  with section 256.736, subdivision 3b, the sanctions in 
  4.23  subdivision 3 apply.  
  4.24     (c) For a family with two adult parental caregivers, the 
  4.25  expectation is that at least one parent will independently 
  4.26  pursue self-sufficiency until the family has received assistance 
  4.27  for six months within the preceding 12 months.  Beginning with 
  4.28  the seventh month of assistance, one parent must be developing 
  4.29  or complying with the terms of the family support agreement.  To 
  4.30  the extent of available resources, the commissioner may require 
  4.31  that both caregivers in a family with two adult parental 
  4.32  caregivers in which the youngest child has attained the age of 
  4.33  six must be developing or complying with the terms of a family 
  4.34  support agreement by the seventh month on assistance. 
  4.35     Sec. 3.  Minnesota Statutes 1994, section 256.035, 
  4.36  subdivision 6a, is amended to read: 
  5.1      Subd. 6a.  [CASE MANAGEMENT SERVICES.] (a) The county 
  5.2   agency will provide case management services to caregivers 
  5.3   required to develop and comply with a family support agreement 
  5.4   as provided in subdivision 1.  For minor parents, the 
  5.5   responsibility of the case manager shall be as defined in 
  5.6   section 256.736, subdivision 3b.  Sanctions for failing to 
  5.7   develop or comply with the terms of a family support agreement 
  5.8   shall be imposed according to subdivision 3.  When a minor 
  5.9   parent reaches age 17, or earlier if determined necessary by the 
  5.10  social service agency, the minor parent shall be referred for 
  5.11  case management services.  
  5.12     (b) Case managers shall provide the following services: 
  5.13     (1) the case manager shall provide or arrange for an 
  5.14  assessment of the family and caregiver's needs, interests, and 
  5.15  abilities according to section 256.736, subdivision 11, 
  5.16  paragraph (a), clause (1); 
  5.17     (2) the case manager shall coordinate services according to 
  5.18  section 256.736, subdivision 11, paragraph (a), clause (3); 
  5.19     (3) the case manager shall develop an employability plan 
  5.20  according to subdivision 6b; 
  5.21     (4) the case manager shall develop a family support 
  5.22  agreement according to subdivision 6c; and 
  5.23     (5) the case manager shall monitor the caregiver's 
  5.24  compliance with the employability plan and the family support 
  5.25  agreement as required by the commissioner.  
  5.26     (c) Case management counseling and personal assistance 
  5.27  services may continue for up to six months following the 
  5.28  caregiver's achievement of employment goals.  Funds for specific 
  5.29  employment and training services may be expended for up to 90 
  5.30  days after the caregiver loses eligibility for financial 
  5.31  assistance. 
  5.32     Sec. 4.  Minnesota Statutes 1995 Supplement, section 
  5.33  256.0475, is amended by adding a subdivision to read: 
  5.34     Subd. 2a.  [INTENSIVE ESL.] "Intensive ESL" means an 
  5.35  English as a second language program that offers at least 20 
  5.36  hours of class per week. 
  6.1      Sec. 5.  Minnesota Statutes 1995 Supplement, section 
  6.2   256.048, subdivision 1, is amended to read: 
  6.3      Subdivision 1.  [EXPECTATIONS.] The requirement for a 
  6.4   caregiver to develop a family support agreement is tied to the 
  6.5   structure of the family and the length of time on assistance 
  6.6   according to paragraphs (a) to (c). 
  6.7      (a) In a family headed by a single adult parental caregiver 
  6.8   who has received AFDC, family general assistance, MFIP, or a 
  6.9   combination of AFDC, family general assistance, and MFIP 
  6.10  assistance for 12 or more months within the preceding 24 months, 
  6.11  the parental caregiver must be developing and complying with the 
  6.12  terms of the family support agreement commencing with the 13th 
  6.13  month of assistance. 
  6.14     (b) For a family with a minor parental caregiver or a 
  6.15  family whose parental caregiver is 18 or 19 years of age and 
  6.16  does not have a high school diploma or its equivalent, the 
  6.17  parental caregiver must be developing and complying with a 
  6.18  family support agreement concurrent with the receipt of 
  6.19  assistance.  The terms of the family support agreement must 
  6.20  include compliance with section 256.736, subdivision 3b.  If the 
  6.21  parental caregiver fails to comply with the terms of the family 
  6.22  support agreement, the sanctions in subdivision 4 apply.  When 
  6.23  the requirements in section 256.736, subdivision 3b, have been 
  6.24  met, a caregiver has fulfilled the caregiver's obligation.  
  6.25  County agencies must continue to offer MFIP-R services if the 
  6.26  caregiver wants to continue with an employability plan.  
  6.27  Caregivers who fulfill the requirements of section 256.736, 
  6.28  subdivision 3b, are subject to the expectations of paragraphs 
  6.29  (a) and (c). 
  6.30     (c) In a family with two adult parental caregivers, at 
  6.31  least one of whom has received AFDC, family general assistance, 
  6.32  MFIP, or a combination of AFDC, family general assistance, and 
  6.33  MFIP assistance for six or more months within the preceding 12 
  6.34  months, one parental caregiver must be developing and complying 
  6.35  with the terms of the family support agreement commencing with 
  6.36  the seventh month of assistance.  The family and MFIP-R staff 
  7.1   will designate the parental caregiver who will develop the 
  7.2   family support agreement based on which parent has the greater 
  7.3   potential to increase family income through immediate 
  7.4   employment.  To the extent of available resources, the 
  7.5   commissioner may require that both caregivers in a family with 
  7.6   two adult parental caregivers in which the youngest child has 
  7.7   attained the age of six must be developing or complying with the 
  7.8   terms of a family support agreement by the seventh month on 
  7.9   assistance. 
  7.10     Sec. 6.  Minnesota Statutes 1995 Supplement, section 
  7.11  256.048, subdivision 6, is amended to read: 
  7.12     Subd. 6.  [PRE-EMPLOYMENT AND EMPLOYMENT SERVICES.] The 
  7.13  county agency must provide services identified in clauses (1) to 
  7.14  (10).  Services include: 
  7.15     (1) a required briefing for all nonmandatory caregivers 
  7.16  assigned to MFIP-R, which includes a review of the information 
  7.17  presented at an earlier MFIP-R orientation pursuant to 
  7.18  subdivision 5, and an overview of services available under 
  7.19  MFIP-R pre-employment and employment services, an overview of 
  7.20  job search techniques, and the opportunity to volunteer for 
  7.21  MFIP-R job search activities and basic education services; 
  7.22     (2) a briefing for all mandatory caregivers assigned to 
  7.23  MFIP-R, which includes a review of the information presented at 
  7.24  an earlier MFIP-R orientation pursuant to subdivision 5, and an 
  7.25  overview of services available under MFIP-R pre-employment and 
  7.26  employment services; 
  7.27     (3) an MFIP assessment that meets the requirements of 
  7.28  section 256.736, subdivision 10, paragraph (a), clause (14), and 
  7.29  addresses caregivers' skills, abilities, interests, and needs; 
  7.30     (4) development, together with the caregiver, of an 
  7.31  employability plan and family support agreement according to 
  7.32  subdivision 7; 
  7.33     (5) coordination of services including child care, 
  7.34  transportation, education assistance, and social services 
  7.35  necessary to enable caregivers to fulfill the terms of the 
  7.36  employability plan and family support agreement; 
  8.1      (6) provision of ~~full-time English as a second language~~ 
  8.2   ~~(~~intensive ESL~~)~~ classes; 
  8.3      (7) provision of a broad range of employment and 
  8.4   pre-employment services including basic skills testing, interest 
  8.5   and aptitude testing, career exploration, job search activities, 
  8.6   community work experience program under section 256.737, or 
  8.7   on-the-job training under section 256.738; 
  8.8      (8) evaluation of the caregiver's compliance with the 
  8.9   employability plan and family support agreement and support and 
  8.10  recognition of progress toward employment goals; 
  8.11     (9) provision of postemployment follow-up for up to six 
  8.12  months after caregivers become exempt or exit MFIP-R due to 
  8.13  employment if requested by the caregiver; and 
  8.14     (10) approval of education and training program activities. 
  8.15     Sec. 7.  Minnesota Statutes 1995 Supplement, section 
  8.16  256.048, subdivision 13, is amended to read: 
  8.17     Subd. 13.  [EDUCATION AND TRAINING ACTIVITIES; BASIC 
  8.18  EDUCATION.] Basic education, including adult basic education, 
  8.19  high school or general equivalency diploma~~, or ESL~~ may be 
  8.20  included in the family support agreement when a caregiver is 
  8.21  actively participating in job search activities as specified in 
  8.22  the family support agreement, or employed at least 12 hours per 
  8.23  week.  The concurrent work requirement for basic education does 
  8.24  not apply to caregivers under subdivision 1, paragraph (b), who 
  8.25  are attending secondary school full time.  Six months of basic 
  8.26  education activities may be included in the family support 
  8.27  agreement, and extension of basic education activities, 
  8.28  including intensive ESL, is contingent upon review and approval 
  8.29  by MFIP-R staff.  
  8.30     Non-English-speaking caregivers have the option to 
  8.31  participate in ~~full-time~~ intensive ESL activities for up to six 
  8.32  months ~~prior to participation in job search~~ with approval of 
  8.33  MFIP-R staff, provided the caregiver also works or participates 
  8.34  in job search.  For caregivers participating in intensive ESL, 
  8.35  hours spent in intensive ESL, employment, and job search must 
  8.36  equal at least 30 hours per week, or 20 hours per week for a 
  9.1   single parent caregiver with a child under age six. 
  9.2      Sec. 8.  Minnesota Statutes 1995 Supplement, section 
  9.3   256.73, subdivision 8, is amended to read: 
  9.4      Subd. 8.  [RECOVERY OF OVERPAYMENTS.] (a) Except as 
  9.5   provided in subdivision 8a, if an amount of aid to families with 
  9.6   dependent children assistance is paid to a recipient in excess 
  9.7   of the payment due, it shall be recoverable by the county 
  9.8   agency.  The agency shall give written notice to the recipient 
  9.9   of its intention to recover the overpayment. 
  9.10     (b) When an overpayment occurs, the county agency shall 
  9.11  recover the overpayment from a current recipient by reducing the 
  9.12  amount of aid payable to the assistance unit of which the 
  9.13  recipient is a member for one or more monthly assistance 
  9.14  payments until the overpayment is repaid.  All county agencies 
  9.15  in the state shall reduce the assistance payment by three 
  9.16  percent of the assistance unit's standard of need or the amount 
  9.17  of the monthly payment, whichever is less, for all overpayments 
  9.18  whether or not the overpayment is due solely to agency 
  9.19  error.  For recipients receiving benefits via electronic benefit 
  9.20  transfer, if the overpayment is a result of an automated teller 
  9.21  machine (ATM) dispensing funds in error to the recipient, the 
  9.22  agency may recover the overpayment by immediately withdrawing 
  9.23  funds from the recipient's electronic benefit transfer account, 
  9.24  up to the amount of the overpayment.  If the overpayment is due 
  9.25  solely to having wrongfully obtained assistance, whether based 
  9.26  on a court order, the finding of an administrative fraud 
  9.27  disqualification hearing or a waiver of such a hearing, or a 
  9.28  confession of judgment containing an admission of an intentional 
  9.29  program violation, the amount of this reduction shall be ten 
  9.30  percent.  In cases when there is both an overpayment and 
  9.31  underpayment, the county agency shall offset one against the 
  9.32  other in correcting the payment. 
  9.33     (c) Overpayments may also be voluntarily repaid, in part or 
  9.34  in full, by the individual, in addition to the above aid 
  9.35  reductions, until the total amount of the overpayment is repaid. 
  9.36     (d) The county agency shall make reasonable efforts to 
 10.1   recover overpayments to persons no longer on assistance in 
 10.2   accordance with standards adopted in rule by the commissioner of 
 10.3   human services.  The county agency need not attempt to recover 
 10.4   overpayments of less than $35 paid to an individual no longer on 
 10.5   assistance if the individual does not receive assistance again 
 10.6   within three years, unless the individual has been convicted of 
 10.7   fraud under section 256.98. 
 10.8      Sec. 9.  Minnesota Statutes 1994, section 256.736, 
 10.9   subdivision 1a, is amended to read: 
 10.10     Subd. 1a.  [DEFINITIONS.] As used in this section and 
 10.11  section 256.7365, the following words have the meanings given 
 10.12  them: 
 10.13     (a) "AFDC" or "income assistance" means the aid to families 
 10.14  with dependent children program and any successor to that 
 10.15  program. 
 10.16     (b) "AFDC-UP" or "two-parent family" means that group of 
 10.17  AFDC clients who are eligible for assistance by reason of 
 10.18  unemployment as defined by the commissioner under section 
 10.19  256.12, subdivision 14. 
 10.20     (c) "Caretaker" means a parent or eligible adult, including 
 10.21  a pregnant woman, who is part of the assistance unit that has 
 10.22  applied for or is receiving AFDC. 
 10.23     (d) "Case manager" means the county agency's employment and 
 10.24  training service provider who provides the services identified 
 10.25  in sections 256.736 to 256.739 according to subdivision 12. 
 10.26     (e) "Employment and training services" means programs, 
 10.27  activities, and services related to job training, job placement, 
 10.28  and job creation, including job service programs, job training 
 10.29  partnership act programs, wage subsidies, remedial and secondary 
 10.30  education programs, post-secondary education programs excluding 
 10.31  education leading to a post-baccalaureate degree, vocational 
 10.32  education programs, work readiness programs, job search, 
 10.33  counseling, case management, community work experience programs, 
 10.34  displaced homemaker programs, self-employment programs, grant 
 10.35  diversion, employment experience programs, youth employment 
 10.36  programs, community investment programs, refugee employment and 
 11.1   training programs, and counseling and support activities 
 11.2   necessary to stabilize the caretaker or the family. 
 11.3      ~~(e)~~ (f) "Employment and training service provider" means a 
 11.4   public, private, or nonprofit agency certified by the 
 11.5   commissioner of economic security to deliver employment and 
 11.6   training services under section 268.0122, subdivision 3, and 
 11.7   section 268.871, subdivision 1. 
 11.8      ~~(f)~~ (g) "Minor parent" means a caretaker relative who is 
 11.9   ~~the~~ a person who is under age 18 and is either the natural 
 11.10  parent of ~~the dependent~~ a minor child or children in the 
 11.11  assistance unit and who is under the age of 18 or is eligible 
 11.12  for AFDC as a pregnant woman. 
 11.13     ~~(g)~~ (h) "Targeted groups" or "targeted caretakers" means 
 11.14  recipients of AFDC or AFDC-UP designated as priorities for 
 11.15  employment and training services under subdivision 16. 
 11.16     ~~(h)~~ (i) "Suitable employment" means employment which:  
 11.17     (1) is within the recipient's physical and mental capacity; 
 11.18     (2) meets health and safety standards established by the 
 11.19  Occupational Safety and Health Administration and the department 
 11.20  of economic security; 
 11.21     (3) pays hourly gross earnings which are not less than the 
 11.22  federal or state minimum wage for that type of employment, 
 11.23  whichever is applicable; 
 11.24     (4) does not result in a net loss of income.  Employment 
 11.25  results in a net loss of income when the income remaining after 
 11.26  subtracting necessary work-related expenses from the family's 
 11.27  gross income, which includes cash assistance, is less than the 
 11.28  cash assistance the family was receiving at the time the offer 
 11.29  of employment was made.  For purposes of this definition, "work 
 11.30  expenses" means the amount withheld or paid for; state and 
 11.31  federal income taxes; social security withholding taxes; 
 11.32  mandatory retirement fund deductions; dependent care costs; 
 11.33  transportation costs to and from work at the amount allowed by 
 11.34  the Internal Revenue Service for personal car mileage; costs of 
 11.35  work uniforms, union dues, and medical insurance premiums; costs 
 11.36  of tools and equipment used on the job; $1 per work day for the 
 12.1   costs of meals eaten during employment; public liability 
 12.2   insurance required by an employer when an automobile is used in 
 12.3   employment and the cost is not reimbursed by the employer; and 
 12.4   the amount paid by an employee from personal funds for business 
 12.5   costs which are not reimbursed by the employer; 
 12.6      (5) offers a job vacancy which is not the result of a 
 12.7   strike, lockout, or other bona fide labor dispute; 
 12.8      (6) requires a round trip commuting time from the 
 12.9   recipient's residence of less than two hours by available 
 12.10  transportation, exclusive of the time to transport children to 
 12.11  and from child care; 
 12.12     (7) does not require the recipient to leave children under 
 12.13  age 12 unattended in order to work, or if child care is 
 12.14  required, such care is available; and 
 12.15     (8) does not discriminate at the job site on the basis of 
 12.16  age, sex, race, color, creed, marital status, status with regard 
 12.17  to public assistance, disability, religion, or place of national 
 12.18  origin. 
 12.19     ~~(i)~~ (j) "Support services" means programs, activities, and 
 12.20  services intended to stabilize families and individuals or 
 12.21  provide assistance for family needs related to employment or 
 12.22  participation in employment and training services, including 
 12.23  child care, transportation, housing assistance, personal and 
 12.24  family counseling, crisis intervention services, peer support 
 12.25  groups, chemical dependency counseling and treatment, money 
 12.26  management assistance, and parenting skill courses. 
 12.27     Sec. 10.  Minnesota Statutes 1994, section 256.736, 
 12.28  subdivision 3b, is amended to read: 
 12.29     Subd. 3b.  [MANDATORY ASSESSMENT AND SCHOOL ATTENDANCE FOR 
 12.30  CERTAIN CUSTODIAL PARENTS.] This subdivision applies to the 
 12.31  extent permitted under federal law and regulation. 
 12.32     (a)  [DEFINITIONS.] The definitions in this paragraph apply 
 12.33  to this subdivision. 
 12.34     (1) "Custodial parent" means a recipient of AFDC who is the 
 12.35  natural or adoptive parent of a child living with the custodial 
 12.36  parent. 
 13.1      (2) "School" means: 
 13.2      (i) an educational program which leads to a high school 
 13.3   diploma.  The program or coursework may be, but is not limited 
 13.4   to, a program under the post-secondary enrollment options of 
 13.5   section 123.3514, a regular or alternative program of an 
 13.6   elementary or secondary school, a technical college, or a 
 13.7   college; 
 13.8      (ii) coursework for a general educational development (GED) 
 13.9   diploma of not less than six hours of classroom instruction per 
 13.10  week; or 
 13.11     (iii) any other post-secondary educational program that is 
 13.12  approved by the public school or the county agency under 
 13.13  subdivision 11. 
 13.14     (b)  [ASSESSMENT AND PLAN; REQUIREMENT; CONTENT.] The 
 13.15  county agency must examine the educational level of each 
 13.16  custodial parent under the age of 20 to determine if the 
 13.17  recipient has completed a high school education or its 
 13.18  equivalent.  If the custodial parent has not completed a high 
 13.19  school education or its equivalent and is not exempt from the 
 13.20  requirement to attend school under paragraph (c), the county 
 13.21  agency must complete an individual assessment for the custodial 
 13.22  parent.  The assessment must be performed as soon as possible 
 13.23  but within 60 days of determining AFDC eligibility for the 
 13.24  custodial parent.  The assessment must provide an initial 
 13.25  examination of the custodial parent's educational progress and 
 13.26  needs, literacy level, child care and supportive service needs, 
 13.27  family circumstances, skills, and work experience.  In the case 
 13.28  of a custodial parent under the age of 18, the assessment must 
 13.29  also consider the results of the early and periodic screening, 
 13.30  diagnosis and treatment (EPSDT) screening, if available, and the 
 13.31  effect of a child's development and educational needs on the 
 13.32  parent's ability to participate in the program.  The county 
 13.33  agency must advise the parent that the parent's first goal must 
 13.34  be to complete an appropriate educational option if one is 
 13.35  identified for the parent through the assessment and, in 
 13.36  consultation with educational agencies, must review the various 
 14.1   school completion options with the parent and assist the parent 
 14.2   in selecting the most appropriate option. 
 14.3      (c)  [RESPONSIBILITY FOR ASSESSMENT AND PLAN.] For 
 14.4   custodial parents who are under age 18, the assessment and the 
 14.5   employability plan must be completed by the county social 
 14.6   services agency, as specified in section 257.33.  For custodial 
 14.7   parents who are age 18 or 19, the assessment and employability 
 14.8   plan must be completed by the case manager.  The social services 
 14.9   agency or the case manager shall consult with representatives of 
 14.10  educational agencies required to assist in developing 
 14.11  educational plans under section 126.235. 
 14.12     (d)  [EDUCATION DETERMINED TO BE APPROPRIATE.] If the case 
 14.13  manager or county social services agency identifies an 
 14.14  appropriate educational option, it must develop an employability 
 14.15  plan in consultation with the custodial parent which reflects 
 14.16  the assessment.  The plan must specify that participation in an 
 14.17  educational activity is required, what school or educational 
 14.18  program is most appropriate, the services that will be provided, 
 14.19  the activities the parent will take part in including child care 
 14.20  and supportive services, the consequences to the custodial 
 14.21  parent for failing to participate or comply with the specified 
 14.22  requirements, and the right to appeal any adverse action.  The 
 14.23  employability plan must, to the extent possible, reflect the 
 14.24  preferences of the participant. 
 14.25     (e)  [EDUCATION DETERMINED TO BE NOT APPROPRIATE.] If the 
 14.26  case manager determines that there is no appropriate educational 
 14.27  option for a custodial parent who is age 18 or 19, the case 
 14.28  manager shall indicate the reasons for the determination.  The 
 14.29  case manager shall then notify the county agency which must 
 14.30  refer the custodial parent to ~~case management services under~~ 
 14.31  ~~subdivision 11~~ the Project STRIDE program for completion of an 
 14.32  employability plan and mandatory participation in employment and 
 14.33  training services.  If the custodial parent fails to participate 
 14.34  or cooperate with ~~case management~~ employment and training 
 14.35  services and does not have good cause for the failure, the 
 14.36  county agency shall apply the sanctions listed in subdivision 4, 
 15.1   beginning with the first payment month after issuance of 
 15.2   notice.  If the county social services agency determines that 
 15.3   school attendance is not appropriate for a custodial parent 
 15.4   under age 18, the county agency shall refer the custodial parent 
 15.5   to social services for services as provided in section 257.33. 
 15.6      (f)  [SCHOOL ATTENDANCE REQUIRED.] Notwithstanding 
 15.7   subdivision 3, a custodial parent must attend school if all of 
 15.8   the following apply: 
 15.9      (1) the custodial parent is less than 20 years of age; 
 15.10     (2) transportation services needed to enable the custodial 
 15.11  parent to attend school are available; 
 15.12     (3) licensed or legal nonlicensed child care services 
 15.13  needed to enable the custodial parent to attend school are 
 15.14  available; 
 15.15     (4) the custodial parent has not already received a high 
 15.16  school diploma or its equivalent; and 
 15.17     (5) the custodial parent is not exempt because the 
 15.18  custodial parent: 
 15.19     (i) is ill or incapacitated seriously enough to prevent 
 15.20  attendance at school; 
 15.21     (ii) is needed in the home because of the illness or 
 15.22  incapacity of another member of the household; this includes a 
 15.23  custodial parent of a child who is younger than six weeks of 
 15.24  age; 
 15.25     (iii) works 30 or more hours a week; or 
 15.26     (iv) is pregnant if it has been medically verified that the 
 15.27  child's birth is expected within the next six months. 
 15.28     (g)  [ENROLLMENT AND ATTENDANCE.] The custodial parent must 
 15.29  be enrolled in school and meeting the school's attendance 
 15.30  requirements.  If enrolled, the custodial parent is considered 
 15.31  to be attending when the school is not in regular session, 
 15.32  including during holiday and summer breaks. 
 15.33     (h)  [GOOD CAUSE FOR NOT ATTENDING SCHOOL.] The county 
 15.34  agency shall not impose the sanctions in subdivision 4 if it 
 15.35  determines that a custodial parent has good cause for not being 
 15.36  enrolled or for not meeting the school's attendance 
 16.1   requirements.  The county agency shall determine whether good 
 16.2   cause for not attending or not enrolling in school exists, 
 16.3   according to this paragraph: 
 16.4      (1) Good cause exists when the county agency has verified 
 16.5   that the only available school program requires round trip 
 16.6   commuting time from the custodial parent's residence of more 
 16.7   than two hours by available means of transportation, excluding 
 16.8   the time necessary to transport children to and from child care. 
 16.9      (2) Good cause exists when the custodial parent has 
 16.10  indicated a desire to attend school, but the public school 
 16.11  system is not providing for the education and alternative 
 16.12  programs are not available. 
 16.13     (i)  [FAILURE TO COMPLY.] The case manager and social 
 16.14  services agency shall establish ongoing contact with appropriate 
 16.15  school staff to monitor problems that custodial parents may have 
 16.16  in pursuing their educational plan and shall jointly seek 
 16.17  solutions to prevent parents from failing to complete 
 16.18  education.  If the school notifies the county agency that the 
 16.19  custodial parent is not enrolled or is not meeting the school's 
 16.20  attendance requirements, or appears to be facing barriers to 
 16.21  completing education, the information must be conveyed to the 
 16.22  case manager for a custodial parent age 18 or 19, or to the 
 16.23  social services agency for a custodial parent under age 18.  The 
 16.24  case manager or social services agency shall reassess the 
 16.25  appropriateness of school attendance as specified in paragraph 
 16.26  (f).  If after consultation, school attendance is still 
 16.27  appropriate and the case manager or social services agency 
 16.28  determines that the custodial parent has failed to enroll or is 
 16.29  not meeting the school's attendance requirements and the 
 16.30  custodial parent does not have good cause, the case manager or 
 16.31  social services agency shall inform the custodial parent's 
 16.32  financial worker who shall apply the sanctions listed in 
 16.33  subdivision 4 beginning with the first payment month after 
 16.34  issuance of notice. 
 16.35     (j)  [NOTICE AND HEARING.] A right to notice and fair 
 16.36  hearing shall be provided ~~in accordance with section 256.045 and~~ 
 17.1   ~~the Code of Federal Regulations, title 45, section~~ 
 17.2   ~~205.10~~ according to subdivision 4a. 
 17.3      (k)  [SOCIAL SERVICES.] When a custodial parent under the 
 17.4   age of 18 has failed to attend school, is not exempt, and does 
 17.5   not have good cause, the county agency shall refer the custodial 
 17.6   parent to the social services agency for services, as provided 
 17.7   in section 257.33. 
 17.8      (l)  [VERIFICATION.] No less often than quarterly, the 
 17.9   financial worker must verify that the custodial parent is 
 17.10  meeting the requirements of this subdivision.  Notwithstanding 
 17.11  section 13.32, subdivision 3, when the county agency notifies 
 17.12  the school that a custodial parent is subject to this 
 17.13  subdivision, the school must furnish verification of school 
 17.14  enrollment, attendance, and progress to the county agency.  The 
 17.15  county agency must not impose the sanctions in paragraph (i) if 
 17.16  the school fails to cooperate in providing verification of the 
 17.17  minor parent's education, attendance, or progress. 
 17.18     Sec. 11.  Minnesota Statutes 1994, section 256.736, 
 17.19  subdivision 4, is amended to read: 
 17.20     Subd. 4.  [CONDITIONS OF CERTIFICATION.] The commissioner 
 17.21  of human services shall: 
 17.22     (1) in consultation with the commissioner of the department 
 17.23  of children, families, and learning, arrange for or provide any 
 17.24  caretaker or child ~~required to participate~~ who participates in 
 17.25  employment and training services pursuant to this section with 
 17.26  child-care services, transportation, and other necessary family 
 17.27  services; 
 17.28     (2) provide that in determining a recipient's needs the 
 17.29  additional expenses attributable to participation in a program 
 17.30  are taken into account in grant determination to the extent 
 17.31  permitted by federal regulation; 
 17.32     (3) provide that the county board shall impose the 
 17.33  sanctions in clause (4) when the county board: 
 17.34     (a) determines that a custodial parent under the age of 16 
 17.35  who is required to attend school under subdivision 3b has, 
 17.36  without good cause, failed to attend school; or 
 18.1      (b) determines that subdivision 3c applies to a minor 
 18.2   parent and the minor parent has, without good cause, failed to 
 18.3   cooperate with development of a social service plan or to 
 18.4   participate in execution of the plan, to live in a group or 
 18.5   foster home, or to participate in a program that teaches skills 
 18.6   in parenting and independent living; 
 18.7      (4) to the extent permissible by federal law, impose the 
 18.8   following sanctions for a recipient's failure to participate in 
 18.9   the requirements of subdivision 3b or 3c: 
 18.10     (a) for the first failure, 50 percent of the grant provided 
 18.11  to the family for the month following the failure shall be made 
 18.12  in the form of protective or vendor payments; 
 18.13     (b) for the second and subsequent failures, the entire 
 18.14  grant provided to the family must be made in the form of 
 18.15  protective or vendor payments.  Assistance provided to the 
 18.16  family must be in the form of protective or vendor payments 
 18.17  until the recipient complies with the requirement; and 
 18.18     (c) when protective payments are required, the county 
 18.19  agency may continue payments to the caretaker if a protective 
 18.20  payee cannot reasonably be found; 
 18.21     (5) provide that the county board shall impose the 
 18.22  sanctions in clause (6) when the county board: 
 18.23     (a) determines that a caretaker or child required to 
 18.24  participate in employment and training services has been found 
 18.25  by the employment and training service provider to have failed 
 18.26  without good cause to participate in appropriate employment and 
 18.27  training services, to comply with the recipient's employability 
 18.28  development plan, or to ~~have failed without good cause to~~ 
 18.29  ~~accept, through the job search program described in subdivision~~ 
 18.30  ~~14, or the provisions of an employability development plan if~~ 
 18.31  ~~the caretaker is a custodial parent age 18 or 19 and subject to~~ 
 18.32  ~~the requirements of subdivision 3b,~~ accept a bona fide offer of 
 18.33  public or other employment; 
 18.34     (b) determines that a custodial parent aged 16 to 19 who is 
 18.35  required to attend school under subdivision 3b has, without good 
 18.36  cause, failed to enroll or attend school; or 
 19.1      (c) determines that a caretaker has, without good cause, 
 19.2   failed to attend orientation; and 
 19.3      (6) to the extent required by federal law, impose the 
 19.4   following sanctions for a recipient's failure to participate in 
 19.5   required employment and training services, to comply with the 
 19.6   recipient's employability development plan, to accept a bona 
 19.7   fide offer of public or other employment, to enroll or attend 
 19.8   school under subdivision 3b, or to attend orientation: 
 19.9      (a) for the first failure, the needs of the noncompliant 
 19.10  individual shall not be taken into account in making the grant 
 19.11  determination, until the individual complies with the 
 19.12  requirements; 
 19.13     (b) for the second failure, the needs of the noncompliant 
 19.14  individual shall not be taken into account in making the grant 
 19.15  determination until the individual complies with the requirement 
 19.16  or for three consecutive months, whichever is longer; 
 19.17     (c) for subsequent failures, the needs of the noncompliant 
 19.18  individual shall not be taken into account in making the grant 
 19.19  determination until the individual complies with the requirement 
 19.20  or for six consecutive months, whichever is longer; 
 19.21     (d) aid with respect to a dependent child who has been 
 19.22  sanctioned under this paragraph shall be continued for the 
 19.23  parent or parents of the child if the child is the only child 
 19.24  receiving aid in the family, the child continues to meet the 
 19.25  conditions of section 256.73, and the family is otherwise 
 19.26  eligible for aid; 
 19.27     (e) if the noncompliant individual is a parent or other 
 19.28  relative caretaker, payments of aid for any dependent child in 
 19.29  the family must be made in the form of protective or vendor 
 19.30  payments.  When protective payments are required, the county 
 19.31  agency may continue payments to the caretaker if a protective 
 19.32  payee cannot reasonably be found.  When protective payments are 
 19.33  imposed on assistance units ~~whose basis of eligibility is~~ 
 19.34  ~~unemployed parent or incapacitated parent~~ in a two-parent 
 19.35  family, cash payments may continue to the ~~nonsanctioned~~ 
 19.36  caretaker in the assistance unit who remains eligible for AFDC, 
 20.1   subject to ~~paragraph (g)~~ clause (f); and 
 20.2      (f) ~~If, after removing a caretaker's needs from the grant,~~ 
 20.3   ~~only dependent children remain eligible for AFDC, the standard~~ 
 20.4   ~~of assistance shall be computed using the special children~~ 
 20.5   ~~standard;~~ 
 20.6      ~~(g)~~ if the noncompliant individual is a ~~principal wage~~ 
 20.7   ~~earner in a family whose basis of eligibility is the~~ 
 20.8   ~~unemployment of a~~ parent in a two-parent family and the 
 20.9   ~~nonprincipal wage earner~~ other parent is not participating in an 
 20.10  approved employment and training service, the needs of both ~~the~~ 
 20.11  ~~principal and nonprincipal wage earner~~ parents must not be taken 
 20.12  into account in making the grant determination~~; and~~ 
 20.13     ~~(7) Request approval from the secretary of health and human~~ 
 20.14  ~~services to use vendor payment sanctions for persons listed in~~ 
 20.15  ~~paragraph (5), clause (b).  If approval is granted, the~~ 
 20.16  ~~commissioner must begin using vendor payment sanctions as soon~~ 
 20.17  ~~as changes to the state plan are approved~~. 
 20.18     Sec. 12.  Minnesota Statutes 1995 Supplement, section 
 20.19  256.736, subdivision 10, is amended to read: 
 20.20     Subd. 10.  [COUNTY DUTIES.] (a) To the extent of available 
 20.21  state appropriations, county boards shall:  
 20.22     (1) refer all mandatory and eligible volunteer caretakers 
 20.23  permitted to participate under subdivision 3a to an employment 
 20.24  and training service provider for participation in employment 
 20.25  and training services; 
 20.26     (2) identify to the employment and training service 
 20.27  provider the federal target group of which the referred 
 20.28  caretaker is a member, if any, and whether the person's 
 20.29  participation is mandatory or voluntary; 
 20.30     (3) provide ~~all~~ caretakers with an orientation which meets 
 20.31  the requirements in subdivisions 10a and 10b; 
 20.32     (4) work with the employment and training service provider 
 20.33  to encourage ~~voluntary~~ participation ~~by caretakers in the target~~ 
 20.34  ~~groups~~ in employment and training services; 
 20.35     (5) work with the employment and training service provider 
 20.36  to collect data as required by the commissioner; 
 21.1      (6) to the extent permissible under federal law, require 
 21.2   all caretakers coming into the AFDC program to attend 
 21.3   orientation; 
 21.4      (7) encourage ~~nontarget~~ caretakers to develop a plan to 
 21.5   obtain self-sufficiency; 
 21.6      (8) notify the commissioner of the caretakers ~~required to~~ 
 21.7   who participate in employment and training services; 
 21.8      (9) inform appropriate caretakers of opportunities 
 21.9   available through the head start program and encourage 
 21.10  caretakers to have their children screened for enrollment in the 
 21.11  program where appropriate; 
 21.12     (10) provide transportation assistance using available 
 21.13  funds to caretakers who participate in employment and training 
 21.14  programs; 
 21.15     (11) ensure that the required services of orientation, ~~job~~ 
 21.16  ~~search,~~ services to custodial parents under the age of 20 who 
 21.17  have not completed high school or an equivalent program, job 
 21.18  search, educational activities, and work experience for ~~AFDC-UP~~ 
 21.19  two-parent families~~, and case management services~~ are made 
 21.20  available to appropriate caretakers under this section, ~~except~~ 
 21.21  ~~that payment for case management services is governed by~~ 
 21.22  ~~subdivision 13~~ and that services are provided to volunteer 
 21.23  caretakers to the extent resources permit; 
 21.24     (12) explain in its local service unit plan under section 
 21.25  268.88 how it will ensure that ~~target~~ caretakers determined to 
 21.26  be in need of social services are provided with such social 
 21.27  services.  The plan must specify how the case manager and the 
 21.28  county social service workers will ensure delivery of needed 
 21.29  services; 
 21.30     (13) to the extent allowed by federal laws and regulations, 
 21.31  provide a job search program as defined in subdivision 14, a 
 21.32  community work experience program as defined in section 256.737, 
 21.33  grant diversion as defined in section 256.739, and on-the-job 
 21.34  training as defined in section 256.738.  A county may also 
 21.35  provide another work and training program approved by the 
 21.36  commissioner and the secretary of the United States Department 
 22.1   of Health and Human Services.  Planning and approval for 
 22.2   employment and training services listed in this clause must be 
 22.3   obtained through submission of the local service unit plan as 
 22.4   specified under section 268.88.  A county is not required to 
 22.5   provide a community work experience program if the county agency 
 22.6   is successful in placing at least ~~40~~ 60 percent of the monthly 
 22.7   average of all caretakers who are subject to the job search 
 22.8   requirements of subdivision 14 in grant diversion or on-the-job 
 22.9   training program; 
 22.10     (14) prior to participation, provide an assessment of each 
 22.11  AFDC recipient who is required or volunteers to participate in 
 22.12  an approved employment and training service.  The assessment 
 22.13  must include an evaluation of the participant's (i) educational, 
 22.14  child care, and other supportive service needs; (ii) skills and 
 22.15  prior work experience; and (iii) ability to secure and retain a 
 22.16  job which, when wages are added to child support, will support 
 22.17  the participant's family.  The assessment must also include a 
 22.18  review of the results of the early and periodic screening, 
 22.19  diagnosis and treatment (EPSDT) screening and preschool 
 22.20  screening under chapter 123, if available; the participant's 
 22.21  family circumstances; and, in the case of a custodial parent 
 22.22  under the age of 18, a review of the effect of a child's 
 22.23  development and educational needs on the parent's ability to 
 22.24  participate in the program; 
 22.25     (15) develop an employability development plan for each 
 22.26  recipient for whom an assessment is required under clause (14) 
 22.27  which: 
 22.28     (i) reflects the assessment required by clause (14); 
 22.29     (ii) takes into consideration the recipient's physical 
 22.30  capacity, skills, experience, health and safety, family 
 22.31  responsibilities, place of residence, proficiency, child care 
 22.32  and other supportive service needs; 
 22.33     (iii) is based on available resources and local employment 
 22.34  opportunities; 
 22.35     (iv) specifies the services to be provided by the 
 22.36  employment and training service provider; 
 23.1      (v) specifies the activities the recipient will participate 
 23.2   in, including the worksite to which the caretaker will be 
 23.3   assigned, if the caretaker is subject to the requirements of 
 23.4   section 256.737, subdivision 2; 
 23.5      (vi) specifies necessary supportive services such as child 
 23.6   care; 
 23.7      (vii) reflects the effort to arrange mandatory activities 
 23.8   so that the activities do not interfere with access to available 
 23.9   English as a second language classes and to the extent possible, 
 23.10  reflects the preferences of the participant; 
 23.11     (viii) includes a written agreement between the county 
 23.12  agency and the caretaker that outlines a reasonable schedule for 
 23.13  completing the plan, including specific completion deadlines~~,~~ 
 23.14  ~~and confirms that~~.  The employability development plan and 
 23.15  written agreement shall not include post-secondary education 
 23.16  unless all of the following conditions are met: 
 23.17     (A) there is a market for full-time employees with this 
 23.18  education or training where the caretaker will or is willing to 
 23.19  reside upon completion of the program; 
 23.20     (B) the average wage level for employees with this 
 23.21  education or training is greater than the caretaker can earn 
 23.22  without this education or training; 
 23.23     (C) the caretaker has the academic ability to successfully 
 23.24  complete the program; and 
 23.25     (D) there is a reasonable expectation that the caretaker 
 23.26  will complete the training program based on such factors as the 
 23.27  caretaker's previous education, training, work history, current 
 23.28  motivation, and changes in previous circumstances; and 
 23.29     (ix) specifies the recipient's long-term employment goal 
 23.30  which shall lead to self-sufficiency.  Caretakers shall be 
 23.31  counseled to set realistic attainable goals, taking into account 
 23.32  the long-term needs of the caretaker and the caretaker's family; 
 23.33  and 
 23.34     (16) provide written notification to and obtain the written 
 23.35  concurrence of the appropriate exclusive bargaining 
 23.36  representatives with respect to job duties covered under 
 24.1   collective bargaining agreements and assure that no work 
 24.2   assignment under this section or sections 256.737, 256.738, and 
 24.3   256.739, or the Minnesota parent's fair share mandatory 
 24.4   community work experience program results in:  (i) termination, 
 24.5   layoff, or reduction of the work hours of an employee for the 
 24.6   purpose of hiring an individual under this section or sections 
 24.7   256.737, 256.738, and 256.739; (ii) the hiring of an individual 
 24.8   if any other person is on layoff from the same or a 
 24.9   substantially equivalent job; (iii) any infringement of the 
 24.10  promotional opportunities of any currently employed individual; 
 24.11  (iv) the impairment of existing contracts for services or 
 24.12  collective bargaining agreements; or (v) except for on-the-job 
 24.13  training under section 256.738, a participant filling an 
 24.14  established unfilled position vacancy.  If an exclusive 
 24.15  bargaining representative and a county or public service 
 24.16  employer disagree regarding whether job duties are covered under 
 24.17  a collective bargaining agreement, the exclusive bargaining 
 24.18  representative or the county or public service employer may 
 24.19  petition the bureau of mediation services, and the bureau shall 
 24.20  determine if the job duties are covered by a collective 
 24.21  bargaining agreement; ~~and~~ 
 24.22     (17) assess each caretaker in ~~an AFDC-UP~~ a two-parent 
 24.23  family who is under age 25, has not completed high school or a 
 24.24  high school equivalency program, and who would otherwise be 
 24.25  required to participate in a work experience placement under 
 24.26  section 256.737 to determine if an appropriate secondary 
 24.27  education option is available for the caretaker.  If an 
 24.28  appropriate secondary education option is determined to be 
 24.29  available for the caretaker, the caretaker must, in lieu of 
 24.30  participating in work experience, enroll in and meet the 
 24.31  educational program's participation and attendance 
 24.32  requirements.  "Secondary education" for this paragraph means 
 24.33  high school education or education designed to prepare a person 
 24.34  to qualify for a high school equivalency certificate, basic and 
 24.35  remedial education, and English as a second language education.  
 24.36  A caretaker required to participate in secondary education who, 
 25.1   without good cause, fails to participate shall be subject to the 
 25.2   provisions of subdivision 4a and the sanction provisions of 
 25.3   subdivision 4, clause (6).  For purposes of this clause, "good 
 25.4   cause" means the inability to obtain licensed or legal 
 25.5   nonlicensed child care services needed to enable the caretaker 
 25.6   to attend, inability to obtain transportation needed to attend, 
 25.7   illness or incapacity of the caretaker or another member of the 
 25.8   household which requires the caretaker to be present in the 
 25.9   home, or being employed for more than 30 hours per week; and 
 25.10     (18) provide counseling and other personal follow-up 
 25.11  support as needed for up to six months after the participant 
 25.12  loses AFDC eligibility to assist the person to maintain 
 25.13  employment or to secure new employment. 
 25.14     (b) Funds available under this subdivision may not be used 
 25.15  to assist, promote, or deter union organizing. 
 25.16     (c) A county board may provide other employment and 
 25.17  training services that it considers necessary to help caretakers 
 25.18  obtain self-sufficiency. 
 25.19     (d) Notwithstanding section 256G.07, when a ~~target~~ 
 25.20  caretaker relocates to another county to implement the 
 25.21  provisions of the caretaker's ~~case management contract or other~~ 
 25.22  written employability development plan approved by the county 
 25.23  human service agency, ~~its case manager~~ or its employment and 
 25.24  training service provider, the county that approved the plan is 
 25.25  responsible for the costs of ~~case management and other~~ services 
 25.26  required to carry out the plan~~, including employment and~~ 
 25.27  ~~training services~~.  The county agency's responsibility for the 
 25.28  costs ends when all plan obligations have been met, when the 
 25.29  caretaker loses AFDC eligibility for at least 30 days, or when 
 25.30  approval of the plan is withdrawn for a reason stated in the 
 25.31  plan, whichever occurs first.  Responsibility for the costs of 
 25.32  child care must be determined under chapter 256H.  A county 
 25.33  human service agency may pay for the costs of ~~case management,~~ 
 25.34  child care~~,~~ and other services required in an approved 
 25.35  employability development plan when the ~~nontarget caretaker~~ 
 25.36  ~~relocates to another county or when a target~~ caretaker again 
 26.1   becomes eligible for AFDC after having been ineligible for at 
 26.2   least 30 days. 
 26.3      Sec. 13.  Minnesota Statutes 1995 Supplement, section 
 26.4   256.736, subdivision 10a, is amended to read: 
 26.5      Subd. 10a.  [ORIENTATION.] (a) Each county agency must 
 26.6   provide an orientation to all caretakers within its jurisdiction 
 26.7   in the time limits described in this paragraph:  
 26.8      (1) within 60 days of being determined eligible for AFDC 
 26.9   for caretakers ~~with a continued absence or incapacitated parent~~ 
 26.10  ~~basis of eligibility~~ who are permitted to volunteer for services 
 26.11  under subdivision 3a; or 
 26.12     (2) within 30 days of being determined eligible for AFDC 
 26.13  for caretakers ~~with an unemployed parent basis of eligibility~~ 
 26.14  who are required to participate in services under subdivision 3a.
 26.15     (b) Caretakers are required to attend an in-person 
 26.16  orientation if the caretaker is a member of one of the groups 
 26.17  listed in subdivision 3a, paragraph (a), unless the caretaker is 
 26.18  exempt from registration under subdivision 3 and the caretaker's 
 26.19  exemption basis will not expire within 60 days of being 
 26.20  determined eligible for AFDC, or the caretaker is enrolled at 
 26.21  least half time in any recognized school, training program, or 
 26.22  institution of higher learning and the in-person orientation 
 26.23  cannot be scheduled at a time that does not interfere with the 
 26.24  caretaker's school or training schedule.  The county agency 
 26.25  shall require attendance at orientation of caretakers described 
 26.26  in subdivision 3a, paragraph (b) or (c), if the commissioner 
 26.27  determines that the groups are eligible for participation in 
 26.28  employment and training services. 
 26.29     (c) The orientation must consist of a presentation that 
 26.30  informs caretakers of: 
 26.31     (1) the identity, location, and phone numbers of employment 
 26.32  and training and support services available in the county; 
 26.33     (2) the types and locations of child care services 
 26.34  available through the county agency that are accessible to 
 26.35  enable a caretaker to participate in ~~educational programs or~~ 
 26.36  employment and training services; 
 27.1      (3) the child care resource and referral program designated 
 27.2   by the commissioner providing education and assistance to select 
 27.3   child care services and a referral to the child care resource 
 27.4   and referral when assistance is requested; 
 27.5      (4) the obligations of the county agency and service 
 27.6   providers under contract to the county agency; 
 27.7      (5) the rights, responsibilities, and obligations of 
 27.8   participants; 
 27.9      (6) the grounds for exemption from mandatory employment and 
 27.10  training services or educational requirements; 
 27.11     (7) the consequences for failure to participate in 
 27.12  mandatory services or requirements, including the requirement 
 27.13  that volunteer participants comply with their employability 
 27.14  development plan; 
 27.15     (8) the method of entering educational programs or 
 27.16  employment and training services available through the county; 
 27.17     (9) the availability and the benefits of the early and 
 27.18  periodic, screening, diagnosis and treatment (EPSDT) program and 
 27.19  preschool screening under chapter 123; 
 27.20     (10) their eligibility for transition year child care 
 27.21  assistance when they lose eligibility for AFDC due to their 
 27.22  earnings; 
 27.23     (11) their eligibility for extended medical assistance when 
 27.24  they lose eligibility for AFDC due to their earnings; ~~and~~ 
 27.25     (12) the availability of the federal earned income tax 
 27.26  credits and the state working family tax credits; and 
 27.27     (13) the availability and benefits of the Head Start 
 27.28  program. 
 27.29     (d) All orientation programs should provide information to 
 27.30  caretakers on parenting, nutrition, household management, food 
 27.31  preparation, and other subjects relevant to promoting family 
 27.32  integration and self-sufficiency and provide detailed 
 27.33  information on community resources available for training 
 27.34  sessions on these topics. 
 27.35     (e) Orientation must encourage recipients to view AFDC as a 
 27.36  temporary program providing grants and services to individuals 
 28.1   who set goals and develop strategies for supporting their 
 28.2   families without AFDC assistance.  The content of the 
 28.3   orientation must not imply that a recipient's eligibility for 
 28.4   AFDC is time limited.  Orientation may be provided through 
 28.5   audio-visual methods, but the caretaker must be given an 
 28.6   opportunity for face-to-face interaction with staff of the 
 28.7   county agency or the entity providing the orientation, and an 
 28.8   opportunity to express the desire to participate in educational 
 28.9   programs and employment and training services offered through 
 28.10  the county agency. 
 28.11     (f) County agencies shall not require caretakers to attend 
 28.12  orientation for more than three hours during any period of 12 
 28.13  continuous months.  The county agency shall also arrange for or 
 28.14  provide needed transportation and child care to enable 
 28.15  caretakers to attend. 
 28.16     The county or, under contract, the county's employment and 
 28.17  training service provider shall mail written orientation 
 28.18  materials containing the information specified in paragraph (c), 
 28.19  clauses (1) to (3) and (8) to (12), to each caretaker exempt 
 28.20  from attending an in-person orientation or who has good cause 
 28.21  for failure to attend after at least two dates for their 
 28.22  orientation have been scheduled.  The written materials must 
 28.23  inform the individual how to indicate the desire to participate 
 28.24  in employment and training services offered through the county.  
 28.25  The county or the county's employment and training service 
 28.26  provider shall follow up with a phone call or in writing within 
 28.27  two weeks after mailing the material. 
 28.28     (g) Persons required to attend orientation must be informed 
 28.29  of the penalties for failure to attend orientation, support 
 28.30  services to enable the person to attend, what constitutes good 
 28.31  cause for failure to attend, and rights to appeal.  Persons 
 28.32  required to attend orientation must be offered a choice of at 
 28.33  least two dates for their first scheduled orientation.  No 
 28.34  person may be sanctioned for failure to attend orientation until 
 28.35  after a second failure to attend. 
 28.36     (h) Good cause for failure to attend an in-person 
 29.1   orientation exists when a caretaker cannot attend because of:  
 29.2      (1) temporary illness or injury of the caretaker or of a 
 29.3   member of the caretaker's family that prevents the caretaker 
 29.4   from attending an orientation during the hours when the 
 29.5   orientation is offered; 
 29.6      (2) a judicial proceeding that requires the caretaker's 
 29.7   presence in court during the hours when orientation is 
 29.8   scheduled; or 
 29.9      (3) a nonmedical emergency that prevents the caretaker from 
 29.10  attending an orientation during the hours when orientation is 
 29.11  offered.  "Emergency" for the purposes of this paragraph means a 
 29.12  sudden, unexpected occurrence or situation of a serious or 
 29.13  urgent nature that requires immediate action.  
 29.14     (i) Caretakers must receive a second orientation only when: 
 29.15     (1) there has been a 30-day break in AFDC eligibility; and 
 29.16     (2) the caretaker has not attended an orientation within 
 29.17  the previous 12-month period, excluding the month of 
 29.18  reapplication for AFDC. 
 29.19     Sec. 14.  Minnesota Statutes 1994, section 256.736, 
 29.20  subdivision 12, is amended to read: 
 29.21     Subd. 12.  [~~CASE MANAGERS~~ EMPLOYMENT AND TRAINING SERVICE 
 29.22  PROVISION.] (a) Counties may directly employ case managers to 
 29.23  provide the employment and training services in this section if 
 29.24  the county is certified as an employment and training service 
 29.25  provider under section 268.0122, or may contract for ~~case~~ 
 29.26  ~~management~~ services with a certified employment and training 
 29.27  service provider.  Uncertified counties and contracting agencies 
 29.28  may provide ~~case management~~ services only if they demonstrate 
 29.29  the ability to coordinate employment, training, education, and 
 29.30  support services.  The commissioner of economic security shall 
 29.31  determine whether or not an uncertified county or agency has 
 29.32  demonstrated such ability. 
 29.33     (b) Counties that employ case managers must ensure that the 
 29.34  case managers have the skills and knowledge necessary to perform 
 29.35  the variety of tasks described in ~~subdivision 11~~ this section.  
 29.36  Counties that contract with another agency for ~~case management~~ 
 30.1   services must specify in the contract the skills and knowledge 
 30.2   needed by the case managers.  At a minimum, case managers must: 
 30.3      (1) have a thorough knowledge of training, education, and 
 30.4   employment opportunities; 
 30.5      (2) have training or experience in understanding the needs 
 30.6   of AFDC clients and their families; and 
 30.7      (3) be able to formulate creative individualized ~~contracts~~ 
 30.8   employability development plans. 
 30.9      Sec. 15.  Minnesota Statutes 1995 Supplement, section 
 30.10  256.736, subdivision 14, is amended to read: 
 30.11     Subd. 14.  [JOB SEARCH.] (a) Each county agency must 
 30.12  establish and operate a job search program as provided under 
 30.13  this section.  Unless all caretakers in the household are 
 30.14  exempt, one nonexempt caretaker in each ~~AFDC-UP~~ two-parent AFDC 
 30.15  household must be referred to and begin participation in the job 
 30.16  search program within 30 days of being determined eligible for 
 30.17  AFDC.  If the assistance unit contains more than one nonexempt 
 30.18  caretaker, the caretakers may determine which caretaker shall 
 30.19  participate.  The designation may be changed only once annually 
 30.20  at the annual redetermination of eligibility.  If no designation 
 30.21  is made or if the caretakers cannot agree, the county agency 
 30.22  shall designate the caretaker having earned the greater of the 
 30.23  incomes, including in-kind income, during the 24-month period 
 30.24  immediately preceding the month of application for AFDC benefits 
 30.25  as the caretaker that must participate.  When no designation is 
 30.26  made or the caretakers cannot agree and neither caretaker had 
 30.27  earnings or the earnings were identical for each caretaker, then 
 30.28  the county agency shall designate the caretaker who must 
 30.29  participate.  A caretaker is exempt from job search 
 30.30  participation if: 
 30.31     (1) the caretaker is exempt from registration under 
 30.32  subdivision 3, except that: 
 30.33     (i) the second caretaker cannot be exempt to provide child 
 30.34  care or care to an ill or incapacitated household member if the 
 30.35  first caretaker is sanctioned for failure to comply or is exempt 
 30.36  under any other exemption category, provided the first caretaker 
 31.1   is capable of providing the needed care; and 
 31.2      (ii) a caretaker who is employed 30 or more hours per week 
 31.3   is exempt from the job search and work experience requirements 
 31.4   of section 256.737 only if the person has a completed 
 31.5   employability development plan with the county agency and weekly 
 31.6   reports his or her actual and scheduled hours of employment to 
 31.7   the county agency; or 
 31.8      (2) the caretaker is under age 25, has not completed a high 
 31.9   school diploma or an equivalent program, and is participating in 
 31.10  a secondary education program as defined in subdivision 10, 
 31.11  paragraph (a), clause (17), which is approved by the employment 
 31.12  and training service provider in the employability development 
 31.13  plan. 
 31.14     (b) The job search program must provide four consecutive 
 31.15  weeks of job search activities for no less than 20 hours per 
 31.16  week but not more than 32 hours per week.  The employment and 
 31.17  training service provider shall specify for each participating 
 31.18  caretaker the number of weeks and hours of job search to be 
 31.19  conducted and shall report to the county agency if the caretaker 
 31.20  fails to cooperate with the job search requirement.  A person 
 31.21  for whom lack of proficiency in English, as determined by an 
 31.22  appropriate evaluation, is a barrier to employment, can choose 
 31.23  to attend an available intensive, functional work literacy 
 31.24  program for a minimum of 20 hours in place of the 20 hours of 
 31.25  job search activities.  The caretaker's employability 
 31.26  development plan must include the length of time needed in the 
 31.27  program, specific outcomes, attendance requirements, completion 
 31.28  dates, and employment goals as they pertain to the intensive 
 31.29  literacy program. 
 31.30     (c) The job search program may provide services to 
 31.31  ~~non-AFDC-UP~~ caretakers who are not in two-parent families. 
 31.32     (d) After completion of job search requirements in this 
 31.33  section, nonexempt caretakers shall be placed in and must 
 31.34  participate in and cooperate with the work experience program 
 31.35  under section 256.737, the on-the-job training program under 
 31.36  section 256.738, or the grant diversion program under section 
 32.1   256.739.  Caretakers must be offered placement in a grant 
 32.2   diversion or on-the-job training program, if either such 
 32.3   employment is available, before being required to participate in 
 32.4   a community work experience program under section 256.737.  When 
 32.5   a nonexempt caretaker fails to cooperate with the job search 
 32.6   program, the work experience program, the on-the-job training 
 32.7   program, or the community work experience program and is subject 
 32.8   to the sanction provisions of subdivision 4, the second 
 32.9   caretaker in the assistance unit, unless exempt, must also be 
 32.10  removed from the grant unless that second caretaker has been 
 32.11  referred to and has started participating in the job search 
 32.12  program and subsequently in the work experience program, the 
 32.13  on-the-job training program, or the community work experience 
 32.14  program prior to the date the sanction begins for the first 
 32.15  caretaker.  The second caretaker is ineligible for AFDC until 
 32.16  the first caretaker's sanction ends or the second caretaker 
 32.17  cooperates with the requirements. 
 32.18     (e) The commissioner may require that, to the extent of 
 32.19  available resources, both caretakers in a two-parent AFDC family 
 32.20  where all children are over age six participate in job search 
 32.21  and work experience. 
 32.22     Sec. 16.  Minnesota Statutes 1994, section 256.736, is 
 32.23  amended by adding a subdivision to read: 
 32.24     Subd. 16a.  [ALLOCATION AND USE OF MONEY.] (a) State money 
 32.25  appropriated for employment and training services under this 
 32.26  section must be annually allocated to counties as specified in 
 32.27  paragraphs (b) to (l). 
 32.28     (b) Money appropriated to cover the nonfederal share of 
 32.29  costs for bilingual Project STRIDE program services to refugees 
 32.30  for the employment and training programs under this section is 
 32.31  allocated to counties based on each county's proportion of the 
 32.32  total statewide number of AFDC refugee cases.  However, counties 
 32.33  with less than one percent of the statewide number of AFDC 
 32.34  refugee cases do not receive an allocation. 
 32.35     (c) One hundred percent of the money appropriated for a 
 32.36  two-parent work experience program under section 256.737 must be 
 33.1   allocated to counties based on the average monthly number of 
 33.2   two-parent AFDC assistance units in the county for the period 
 33.3   ending December 31 of the previous year.  
 33.4      (d) The balance of the money appropriated for Project 
 33.5   STRIDE program activities shall be allocated to counties first 
 33.6   in amounts equal to each county's guaranteed allocation floor as 
 33.7   described in paragraph (e), and second, any remaining available 
 33.8   funds shall be allocated based on the county's average number of 
 33.9   cases receiving AFDC as compared to the state as a whole.  The 
 33.10  average number of cases must be based on counts of these cases 
 33.11  as of March 31, June 30, September 30, and December 31 of the 
 33.12  previous year. 
 33.13     (e) Each county's guaranteed allocation floor shall be 
 33.14  calculated by multiplying the county's allocation received the 
 33.15  previous fiscal year by 90 percent. 
 33.16     (1) When the amount of funds available for allocation is 
 33.17  less than the amount available in the previous year, each 
 33.18  county's previous year allocation shall be reduced in proportion 
 33.19  to the reduction in statewide funding for the purpose of 
 33.20  establishing the guaranteed floor.  
 33.21     (f) No more than 15 percent of the money allocated to 
 33.22  counties under paragraphs (b), (c), and (d) may be used for 
 33.23  administrative activities. 
 33.24     (g) At least 55 percent of the money allocated to counties 
 33.25  under paragraphs (b), (c), and (d) must be used for employment 
 33.26  and training services for caretakers in the federally defined 
 33.27  target groups. 
 33.28     (h) The department of economic security, counties, and 
 33.29  entities under contract with either the department of economic 
 33.30  security or the department of human services for provision of 
 33.31  Project STRIDE-related services shall bill the commissioner of 
 33.32  human services for any expenditures incurred by the department 
 33.33  of economic security, the county, or the county's employment and 
 33.34  training provider that may be reimbursed by federal money.  The 
 33.35  commissioner of human services shall bill the United States 
 33.36  Department of Health and Human Services and the United States 
 34.1   Department of Agriculture for the reimbursement and appropriate 
 34.2   the reimbursed money to the department of economic security, the 
 34.3   county, or the employment and training service provider that 
 34.4   submitted the original bill.  The reimbursed money must be used 
 34.5   to expand employment and training services.  
 34.6      (i) The commissioner of human services shall review county 
 34.7   STRIDE activity expenditures at the end of the third quarter of 
 34.8   the biennium and each quarter after that, and may reallocate 
 34.9   unencumbered or unexpended money allocated under this section to 
 34.10  those counties that can demonstrate a need for additional money. 
 34.11  Reallocation of funds must be based on the formula in paragraph 
 34.12  (a), excluding those counties that have not demonstrated a need 
 34.13  for additional funds.  
 34.14     (j) The county agency may continue to provide project 
 34.15  STRIDE services to a participant for up to 90 days after the 
 34.16  participant loses AFDC eligibility and may continue providing a 
 34.17  specific employment and training service for the duration of 
 34.18  that service to a participant if funds for the service are 
 34.19  obligated or expended prior to the participant losing AFDC 
 34.20  eligibility. 
 34.21     (k) The commissioner of human services, in consultation 
 34.22  with the commissioner of economic security, may grant a waiver 
 34.23  from the program spending limits in paragraphs (f) and (g) to 
 34.24  any county which can demonstrate increased program effectiveness 
 34.25  through a written request to the department.  Counties which 
 34.26  request a waiver of the spending limits in paragraphs (f) and 
 34.27  (g) shall amend their local service unit plans and receive 
 34.28  approval of the plans prior to commencing the waiver.  The 
 34.29  commissioners of human services and economic security shall 
 34.30  annually evaluate the effectiveness of all waivers approved 
 34.31  under this subdivision.  
 34.32     (l) The commissioner of human services shall develop a 
 34.33  performance model for the purpose of analyzing each county's 
 34.34  performance in the provision of Project STRIDE employment and 
 34.35  training services.  Beginning February 1, 1997, and each year 
 34.36  thereafter, the commissioner of human services shall inform each 
 35.1   county of the county's performance based on the following 
 35.2   measures: 
 35.3      (1) employment rate at termination of Project STRIDE 
 35.4   eligibility; 
 35.5      (2) wage rate at termination of Project STRIDE eligibility; 
 35.6      (3) average annual cost per placement calculated by 
 35.7   dividing the total Project STRIDE expenditures by the number of 
 35.8   participants placed in unsubsidized employment; 
 35.9      (4) two-parent AFDC assistance unit participation rate; 
 35.10     (5) percent of 18- and 19-year-old custodial parents 
 35.11  subject to secondary education requirements of subdivision 3b 
 35.12  who complete secondary education or an equivalent course of 
 35.13  study; and 
 35.14     (6) achievement of federally mandated JOBS participation 
 35.15  rates.  
 35.16     The performance measures in clauses (1) to (3) shall be 
 35.17  adjusted to reflect local conditions.  County agencies must take 
 35.18  the results of the performance measures in clauses (1) to (6) 
 35.19  into consideration when selecting employment and training 
 35.20  service providers. 
 35.21     Sec. 17.  Minnesota Statutes 1995 Supplement, section 
 35.22  256.81, is amended to read: 
 35.23     256.81 [COUNTY AGENCY, DUTIES.] 
 35.24     (1) The county agency shall keep such records, accounts, 
 35.25  and statistics in relation to aid to families with dependent 
 35.26  children as the state agency shall prescribe.  
 35.27     (2) Each grant of aid to families with dependent children 
 35.28  shall be paid to the recipient by the county agency unless paid 
 35.29  by the state agency.  Payment must be ~~by check or electronic~~ 
 35.30  ~~means~~ in the form of a warrant immediately redeemable in cash, 
 35.31  electronic benefits transfer, or by direct deposit into the 
 35.32  recipient's account in a financial institution, except in those 
 35.33  instances in which the county agency, subject to the rules of 
 35.34  the state agency, determines that payments for care shall be 
 35.35  made to an individual other than the parent or relative with 
 35.36  whom the dependent child is living or to vendors of goods and 
 36.1   services for the benefit of the child because such parent or 
 36.2   relative is unable to properly manage the funds in the best 
 36.3   interests and welfare of the child.  There is a presumption of 
 36.4   mismanagement of funds whenever a recipient is more than 30 days 
 36.5   in arrears on payment of rent, except when the recipient has 
 36.6   withheld rent to enforce the recipient's right to withhold the 
 36.7   rent in accordance with federal, state, or local housing laws.  
 36.8   In cases of mismanagement based solely on failure to pay rent, 
 36.9   the county may vendor the rent payments to the landlord.  At the 
 36.10  request of a recipient, the state or county may make payments 
 36.11  directly to vendors of goods and services, but only for goods 
 36.12  and services appropriate to maintain the health and safety of 
 36.13  the child, as determined by the county.  
 36.14     (3) The state or county may ask the recipient to give 
 36.15  written consent authorizing the state or county to provide 
 36.16  advance notice to a vendor before vendor payments of rent are 
 36.17  reduced or terminated.  Whenever possible under state and 
 36.18  federal laws and regulations and if the recipient consents, the 
 36.19  state or county shall provide at least 30 days notice to vendors 
 36.20  before vendor payments of rent are reduced or terminated.  If 30 
 36.21  days notice cannot be given, the state or county shall notify 
 36.22  the vendor within three working days after the date the state or 
 36.23  county becomes aware that vendor payments of rent will be 
 36.24  reduced or terminated.  When the county notifies a vendor that 
 36.25  vendor payments of rent will be reduced or terminated, the 
 36.26  county shall include in the notice that it is illegal to 
 36.27  discriminate on the grounds that a person is receiving public 
 36.28  assistance and the penalties for violation.  The county shall 
 36.29  also notify the recipient that it is illegal to discriminate on 
 36.30  the grounds that a person is receiving public assistance and the 
 36.31  procedures for filing a complaint.  The county agency may 
 36.32  develop procedures, including using the MAXIS system, to 
 36.33  implement vendor notice and may charge vendors a fee not 
 36.34  exceeding $5 to cover notification costs. 
 36.35     (4) A vendor payment arrangement is not a guarantee that a 
 36.36  vendor will be paid by the state or county for rent, goods, or 
 37.1   services furnished to a recipient, and the state and county are 
 37.2   not liable for any damages claimed by a vendor due to failure of 
 37.3   the state or county to pay or to notify the vendor on behalf of 
 37.4   a recipient, except under a specific written agreement between 
 37.5   the state or county and the vendor or when the state or county 
 37.6   has provided a voucher guaranteeing payment under certain 
 37.7   conditions.  
 37.8      (5) The county shall be paid from state and federal funds 
 37.9   available therefor the amount provided for in section 256.82.  
 37.10     (6) Federal funds available for administrative purposes 
 37.11  shall be distributed between the state and the counties in the 
 37.12  same proportion that expenditures were made except as provided 
 37.13  for in section 256.017. 
 37.14     (7) The affected county may require that assistance paid 
 37.15  under the AFDC emergency assistance program in the form of a 
 37.16  rental unit damage deposit, less any amount retained by the 
 37.17  landlord to remedy a tenant's default in payment of rent or 
 37.18  other funds due to the landlord pursuant to a rental agreement, 
 37.19  or to restore the premises to the condition at the commencement 
 37.20  of the tenancy, ordinary wear and tear excepted, be returned to 
 37.21  the county when the individual vacates the premises or paid to 
 37.22  the recipient's new landlord as a vendor payment.  The vendor 
 37.23  payment of returned funds shall not be considered a new use of 
 37.24  emergency assistance. 
 37.25     Sec. 18.  Minnesota Statutes 1995 Supplement, section 
 37.26  256D.03, subdivision 3, is amended to read: 
 37.27     Subd. 3.  [GENERAL ASSISTANCE MEDICAL CARE; ELIGIBILITY.] 
 37.28  (a) General assistance medical care may be paid for any person 
 37.29  who is not eligible for medical assistance under chapter 256B, 
 37.30  including eligibility for medical assistance based on a 
 37.31  spenddown of excess income according to section 256B.056, 
 37.32  subdivision 5, and: 
 37.33     (1) who is receiving assistance under section 256D.05 ~~or~~ 
 37.34  ~~256D.051~~, or who is having a payment made on the person's behalf 
 37.35  under sections 256I.01 to 256I.06; or 
 37.36     (2)(i) who is a resident of Minnesota; and whose equity in 
 38.1   assets is not in excess of $1,000 per assistance unit.  No asset 
 38.2   test shall be applied to children and their parents living in 
 38.3   the same household.  Exempt assets, the reduction of excess 
 38.4   assets, and the waiver of excess assets must conform to the 
 38.5   medical assistance program in chapter 256B, with the following 
 38.6   exception:  the maximum amount of undistributed funds in a trust 
 38.7   that could be distributed to or on behalf of the beneficiary by 
 38.8   the trustee, assuming the full exercise of the trustee's 
 38.9   discretion under the terms of the trust, must be applied toward 
 38.10  the asset maximum; and 
 38.11     (ii) who has countable income not in excess of the 
 38.12  assistance standards established in section 256B.056, 
 38.13  subdivision 4, or whose excess income is spent down pursuant to 
 38.14  section 256B.056, subdivision 5, using a six-month budget 
 38.15  period, except that a one-month budget period must be used for 
 38.16  recipients residing in a long-term care facility.  The method 
 38.17  for calculating earned income disregards and deductions for a 
 38.18  person who resides with a dependent child under age 21 shall be 
 38.19  as specified in section 256.74, subdivision 1.  However, if a 
 38.20  disregard of $30 and one-third of the remainder described in 
 38.21  section 256.74, subdivision 1, clause (4), has been applied to 
 38.22  the wage earner's income, the disregard shall not be applied 
 38.23  again until the wage earner's income has not been considered in 
 38.24  an eligibility determination for general assistance, general 
 38.25  assistance medical care, medical assistance, or aid to families 
 38.26  with dependent children for 12 consecutive months.  The earned 
 38.27  income and work expense deductions for a person who does not 
 38.28  reside with a dependent child under age 21 shall be the same as 
 38.29  the method used to determine eligibility for a person under 
 38.30  section 256D.06, subdivision 1, except the disregard of the 
 38.31  first $50 of earned income is not allowed; or 
 38.32     (3) who would be eligible for medical assistance except 
 38.33  that the person resides in a facility that is determined by the 
 38.34  commissioner or the federal health care financing administration 
 38.35  to be an institution for mental diseases. 
 38.36     (b) Eligibility is available for the month of application, 
 39.1   and for three months prior to application if the person was 
 39.2   eligible in those prior months.  A redetermination of 
 39.3   eligibility must occur every 12 months. 
 39.4      (c) General assistance medical care is not available for a 
 39.5   person in a correctional facility unless the person is detained 
 39.6   by law for less than one year in a county correctional or 
 39.7   detention facility as a person accused or convicted of a crime, 
 39.8   or admitted as an inpatient to a hospital on a criminal hold 
 39.9   order, and the person is a recipient of general assistance 
 39.10  medical care at the time the person is detained by law or 
 39.11  admitted on a criminal hold order and as long as the person 
 39.12  continues to meet other eligibility requirements of this 
 39.13  subdivision.  
 39.14     (d) General assistance medical care is not available for 
 39.15  applicants or recipients who do not cooperate with the county 
 39.16  agency to meet the requirements of medical assistance. 
 39.17     (e) In determining the amount of assets of an individual, 
 39.18  there shall be included any asset or interest in an asset, 
 39.19  including an asset excluded under paragraph (a), that was given 
 39.20  away, sold, or disposed of for less than fair market value 
 39.21  within the 60 months preceding application for general 
 39.22  assistance medical care or during the period of eligibility.  
 39.23  Any transfer described in this paragraph shall be presumed to 
 39.24  have been for the purpose of establishing eligibility for 
 39.25  general assistance medical care, unless the individual furnishes 
 39.26  convincing evidence to establish that the transaction was 
 39.27  exclusively for another purpose.  For purposes of this 
 39.28  paragraph, the value of the asset or interest shall be the fair 
 39.29  market value at the time it was given away, sold, or disposed 
 39.30  of, less the amount of compensation received.  For any 
 39.31  uncompensated transfer, the number of months of ineligibility, 
 39.32  including partial months, shall be calculated by dividing the 
 39.33  uncompensated transfer amount by the average monthly per person 
 39.34  payment made by the medical assistance program to skilled 
 39.35  nursing facilities for the previous calendar year.  The 
 39.36  individual shall remain ineligible until this fixed period has 
 40.1   expired.  The period of ineligibility may exceed 30 months, and 
 40.2   a reapplication for benefits after 30 months from the date of 
 40.3   the transfer shall not result in eligibility unless and until 
 40.4   the period of ineligibility has expired.  The period of 
 40.5   ineligibility begins in the month the transfer was reported to 
 40.6   the county agency, or if the transfer was not reported, the 
 40.7   month in which the county agency discovered the transfer, 
 40.8   whichever comes first.  For applicants, the period of 
 40.9   ineligibility begins on the date of the first approved 
 40.10  application. 
 40.11     (f)(1) Beginning October 1, 1993, an undocumented alien or 
 40.12  a nonimmigrant is ineligible for general assistance medical care 
 40.13  other than emergency services.  For purposes of this 
 40.14  subdivision, a nonimmigrant is an individual in one or more of 
 40.15  the classes listed in United States Code, title 8, section 
 40.16  1101(a)(15), and an undocumented alien is an individual who 
 40.17  resides in the United States without the approval or 
 40.18  acquiescence of the Immigration and Naturalization Service. 
 40.19     (2) This subdivision does not apply to a child under age 
 40.20  18, to a Cuban or Haitian entrant as defined in Public Law 
 40.21  Number 96-422, section 501(e)(1) or (2)(a), or to an alien who 
 40.22  is aged, blind, or disabled as defined in United States Code, 
 40.23  title 42, section 1382c(a)(1). 
 40.24     (3) For purposes of paragraph (f), "emergency services" has 
 40.25  the meaning given in Code of Federal Regulations, title 42, 
 40.26  section 440.255(b)(1), except that it also means services 
 40.27  rendered because of suspected or actual pesticide poisoning. 
 40.28     Sec. 19.  Minnesota Statutes 1995 Supplement, section 
 40.29  256D.05, subdivision 1, is amended to read: 
 40.30     Subdivision 1.  [ELIGIBILITY.] (a) Each person or family 
 40.31  whose income and resources are less than the standard of 
 40.32  assistance established by the commissioner and who is a resident 
 40.33  of the state shall be eligible for and entitled to general 
 40.34  assistance if the person or family is: 
 40.35     (1) a person who is suffering from a professionally 
 40.36  certified permanent or temporary illness, injury, or incapacity 
 41.1   which is expected to continue for more than 30 days and which 
 41.2   prevents the person from obtaining or retaining employment; 
 41.3      (2) a person whose presence in the home on a substantially 
 41.4   continuous basis is required because of the professionally 
 41.5   certified illness, injury, incapacity, or the age of another 
 41.6   member of the household; 
 41.7      (3) a person who has been placed in, and is residing in, a 
 41.8   licensed or certified facility for purposes of physical or 
 41.9   mental health or rehabilitation, or in an approved chemical 
 41.10  dependency domiciliary facility, if the placement is based on 
 41.11  illness or incapacity and is pursuant to a plan developed or 
 41.12  approved by the county agency through its director or designated 
 41.13  representative; 
 41.14     (4) a person who resides in a shelter facility described in 
 41.15  subdivision 3; 
 41.16     (5) a person not described in clause (1) or (3) who is 
 41.17  diagnosed by a licensed physician, psychological practitioner, 
 41.18  or other qualified professional, as mentally retarded or 
 41.19  mentally ill, and that condition prevents the person from 
 41.20  obtaining or retaining employment; 
 41.21     (6) a person who has an application pending for, or is 
 41.22  appealing termination of benefits from, the social security 
 41.23  disability program or the program of supplemental security 
 41.24  income for the aged, blind, and disabled, provided the person 
 41.25  has a professionally certified permanent or temporary illness, 
 41.26  injury, or incapacity which is expected to continue for more 
 41.27  than 30 days and which prevents the person from obtaining or 
 41.28  retaining employment; 
 41.29     (7) a person who is unable to obtain or retain employment 
 41.30  because advanced age significantly affects the person's ability 
 41.31  to seek or engage in substantial work; 
 41.32     (8) a person who has been assessed by a vocational 
 41.33  specialist and, in consultation with the county agency, has been 
 41.34  determined to be unemployable for purposes of this item, a 
 41.35  person is considered employable if there exist positions of 
 41.36  employment in the local labor market, regardless of the current 
 42.1   availability of openings for those positions, that the person is 
 42.2   capable of performing.  The person's eligibility under this 
 42.3   category must be reassessed at least annually.  The county 
 42.4   agency must provide notice to the person not later than 30 days 
 42.5   before annual eligibility under this item ends, informing the 
 42.6   person of the date annual eligibility will end and the need for 
 42.7   vocational assessment if the person wishes to continue 
 42.8   eligibility under this clause.  For purposes of establishing 
 42.9   eligibility under this clause, it is the applicant's or 
 42.10  recipient's duty to obtain any needed vocational assessment; 
 42.11     (9) a person who is determined by the county agency, in 
 42.12  accordance with permanent rules adopted by the commissioner, to 
 42.13  be learning disabled, provided that if a rehabilitation plan for 
 42.14  the person is developed or approved by the county agency, the 
 42.15  person is following the plan; 
 42.16     (10) a child under the age of 18 who is not living with a 
 42.17  parent, stepparent, or legal custodian, but only if:  the child 
 42.18  is legally emancipated or living with an adult with the consent 
 42.19  of an agency acting as a legal custodian; the child is at least 
 42.20  16 years of age and the general assistance grant is approved by 
 42.21  the director of the county agency or a designated representative 
 42.22  as a component of a social services case plan for the child; or 
 42.23  the child is living with an adult with the consent of the 
 42.24  child's legal custodian and the county agency.  For purposes of 
 42.25  this clause, "legally emancipated" means a person under the age 
 42.26  of 18 years who:  (i) has been married; (ii) is on active duty 
 42.27  in the uniformed services of the United States; (iii) has been 
 42.28  emancipated by a court of competent jurisdiction; or (iv) is 
 42.29  otherwise considered emancipated under Minnesota law, and for 
 42.30  whom county social services has not determined that a social 
 42.31  services case plan is necessary, for reasons other than that the 
 42.32  child has failed or refuses to cooperate with the county agency 
 42.33  in developing the plan; 
 42.34     (11) a woman in the last trimester of pregnancy who does 
 42.35  not qualify for aid to families with dependent children.  A 
 42.36  woman who is in the last trimester of pregnancy who is currently 
 43.1   receiving aid to families with dependent children may be granted 
 43.2   emergency general assistance to meet emergency needs; 
 43.3      (12) a person who is eligible for displaced homemaker 
 43.4   services, programs, or assistance under section 268.96, but only 
 43.5   if that person is enrolled as a full-time student; 
 43.6      (13) a person who lives more than two hours round-trip 
 43.7   traveling time from any potential suitable employment; 
 43.8      (14) a person who is involved with protective or 
 43.9   court-ordered services that prevent the applicant or recipient 
 43.10  from working at least four hours per day; 
 43.11     (15)(i) a family as defined in section 256D.02, subdivision 
 43.12  5, which is ineligible for the aid to families with dependent 
 43.13  children program. 
 43.14     (ii) unless ~~all adults in the family are~~ exempt under 
 43.15  section 256D.051, subdivision 3a, ~~one~~ each adult in the ~~family~~ 
 43.16  unit must participate in and cooperate with the food stamp 
 43.17  employment and training program under section 256D.051 each 
 43.18  month that the ~~family~~ unit receives general assistance 
 43.19  benefits.  ~~If the household contains more than one nonexempt~~ 
 43.20  ~~adult, the adults may determine which adult must participate.~~  
 43.21  ~~The designation may be changed once annually at the annual~~ 
 43.22  ~~redetermination of eligibility.  If no designation is made or if~~ 
 43.23  ~~the adults cannot agree, the county agency shall designate the~~ 
 43.24  ~~adult having earned the greater of the incomes, including~~ 
 43.25  ~~in-kind income, during the 24-month period immediately preceding~~ 
 43.26  ~~the month of application for general assistance, as the adult~~ 
 43.27  ~~that must participate.  When there are no earnings or when~~ 
 43.28  ~~earnings are identical for each adult, the county agency shall~~ 
 43.29  ~~designate which adult must participate.~~  The recipient's 
 43.30  participation must begin ~~on~~ no later than the first day of the 
 43.31  first full month following the determination of eligibility for 
 43.32  general assistance benefits.  To the extent of available 
 43.33  resources, and with the county agency's consent, the recipient 
 43.34  may voluntarily continue to participate in food stamp employment 
 43.35  and training services for up to three additional consecutive 
 43.36  months immediately following termination of general assistance 
 44.1   benefits in order to complete the provisions of the recipient's 
 44.2   employability development plan.  If ~~the~~ an adult member fails 
 44.3   without good cause to participate in or cooperate with the food 
 44.4   stamp employment and training program, the county agency shall 
 44.5   concurrently terminate that person's eligibility for general 
 44.6   assistance and food stamps for two months or until compliance is 
 44.7   achieved, whichever is shorter, using the notice, good cause, 
 44.8   conciliation and termination procedures specified in section 
 44.9   256D.051; or 
 44.10     (16) a person over age 18 whose primary language is not 
 44.11  English and who is attending high school at least half time. 
 44.12     (b) Persons or families who are not state residents but who 
 44.13  are otherwise eligible for general assistance may receive 
 44.14  emergency general assistance to meet emergency needs. 
 44.15     (c) As a condition of eligibility under paragraph (a), 
 44.16  clauses (1), (3), (5), (8), and (9), the recipient must complete 
 44.17  an interim assistance agreement and must apply for other 
 44.18  maintenance benefits as specified in section 256D.06, 
 44.19  subdivision 5, and must comply with efforts to determine the 
 44.20  recipient's eligibility for those other maintenance benefits.  
 44.21     (d) The burden of providing documentation for a county 
 44.22  agency to use to verify eligibility for general assistance or 
 44.23  for exemption from the food stamp employment and training 
 44.24  program is upon the applicant or recipient.  The county agency 
 44.25  shall use documents already in its possession to verify 
 44.26  eligibility, and shall help the applicant or recipient obtain 
 44.27  other existing verification necessary to determine eligibility 
 44.28  which the applicant or recipient does not have and is unable to 
 44.29  obtain. 
 44.30     Sec. 20.  Minnesota Statutes 1995 Supplement, section 
 44.31  256D.051, subdivision 1, is amended to read: 
 44.32     Subdivision 1.  [FOOD STAMP EMPLOYMENT AND TRAINING 
 44.33  PROGRAM.] The commissioner shall implement a food stamp 
 44.34  employment and training program in order to meet the food stamp 
 44.35  employment and training participation requirements of the United 
 44.36  States Department of Agriculture.  Unless ~~all adult members of~~ 
 45.1   ~~the food stamp household are~~ exempt under subdivision 3a, ~~one~~ 
 45.2   ~~nonexempt~~ each adult recipient in ~~each household~~ the unit must 
 45.3   participate in the food stamp employment and training program 
 45.4   each month that the ~~household~~ person is eligible for food stamps 
 45.5   ~~, up to a maximum period of six calendar months during any 12~~ 
 45.6   ~~consecutive calendar month period.  If the household contains~~ 
 45.7   ~~more than one nonexempt adult, the adults may determine which~~ 
 45.8   ~~adult must participate.  The designation may be changed only~~ 
 45.9   ~~once annually at the annual redetermination of eligibility.  If~~ 
 45.10  ~~no designation is made or if the adults cannot agree, the county~~ 
 45.11  ~~agency shall designate the adult having earned the greater of~~ 
 45.12  ~~the incomes, including in-kind income, during the 24-month~~ 
 45.13  ~~period immediately preceding the month of application for food~~ 
 45.14  ~~stamp benefits, as the adult that must participate.  When there~~ 
 45.15  ~~are no earnings or when earnings are identical for each adult,~~ 
 45.16  ~~the county agency shall designate the adult that must~~ 
 45.17  ~~participate~~.  The person's participation in food stamp 
 45.18  employment and training services must begin ~~on~~ no later than the 
 45.19  first day of the calendar month following the ~~date~~ determination 
 45.20  of eligibility for food stamps.  With the county agency's 
 45.21  consent, and to the extent of available resources, the person 
 45.22  may voluntarily continue to participate in food stamp employment 
 45.23  and training services for up to three additional consecutive 
 45.24  months immediately following ~~the end of the six-month mandatory~~ 
 45.25  ~~participation period~~ termination of food stamp benefits in order 
 45.26  to complete the provisions of the person's employability 
 45.27  development plan.  
 45.28     Sec. 21.  Minnesota Statutes 1995 Supplement, section 
 45.29  256D.051, subdivision 6, is amended to read: 
 45.30     Subd. 6.  [SERVICE COSTS.] Within the limits of available 
 45.31  resources, the commissioner shall reimburse county agency 
 45.32  expenditures for providing food stamp employment and training 
 45.33  services including direct participation expenses and 
 45.34  administrative costs.  State food stamp employment and training 
 45.35  funds shall be used only to pay the county agency's and food 
 45.36  stamp employment and training service provider's actual costs of 
 46.1   providing participant support services, direct program services, 
 46.2   and program administrative costs for persons who participate in 
 46.3   such employment and training services.  The average annual 
 46.4   reimbursable cost for providing food stamp employment and 
 46.5   training services to a recipient for whom an individualized 
 46.6   employability development plan is not completed must not exceed 
 46.7   $60 for the food stamp employment and training services, and 
 46.8   ~~$240~~ $340 for necessary recipient support services such as 
 46.9   transportation or child care needed to participate in food stamp 
 46.10  employment and training program.  If an individualized 
 46.11  employability development plan has been completed, the average 
 46.12  annual reimbursable cost for providing food stamp employment and 
 46.13  training services must not exceed ~~$300~~ $400 for all services and 
 46.14  costs necessary to implement the plan, including the costs of 
 46.15  training, employment search assistance, placement, work 
 46.16  experience, on-the-job training, other appropriate activities, 
 46.17  the administrative and program costs incurred in providing these 
 46.18  services, and necessary recipient support services such as 
 46.19  tools, clothing, and transportation needed to participate in 
 46.20  food stamp employment and training services.  The county agency 
 46.21  may expend additional county funds over and above the dollar 
 46.22  limits of this subdivision without state reimbursement.  
 46.23     Sec. 22.  Minnesota Statutes 1995 Supplement, section 
 46.24  256D.055, is amended to read: 
 46.25     256D.055 [COUNTY DESIGN; WORK FOCUSED PROGRAM.] 
 46.26     The commissioner of human services shall issue a request 
 46.27  for proposals from counties to submit a plan for developing and 
 46.28  implementing a county-designed program.  The plan shall be for 
 46.29  first-time applicants for aid to families with dependent 
 46.30  children (AFDC) and family general assistance (FGA) and must 
 46.31  emphasize the importance of becoming employed and oriented into 
 46.32  the work force in order to become self-sufficient.  The plan 
 46.33  must target public assistance applicants who are most likely to 
 46.34  become self-sufficient quickly with short-term assistance or 
 46.35  services such as child care, child support enforcement, or 
 46.36  employment and training services.  
 47.1      The plan may include vendor payments, mandatory job search, 
 47.2   refocusing existing county or provider efforts, or other program 
 47.3   features.  The commissioner may approve a county plan which 
 47.4   allows a county to use other program funding for the county work 
 47.5   focus program in a more flexible manner.  Nothing in this 
 47.6   section shall allow payments made to the public assistance 
 47.7   applicant to be less than the amount the applicant would have 
 47.8   received if the program had not been implemented, or reduce or 
 47.9   eliminate a category of eligible participants from the program 
 47.10  without legislative approval.  
 47.11     The commissioner shall not approve a county plan that would 
 47.12  have an adverse impact on the Minnesota family investment plan 
 47.13  demonstration.  If the plan is approved by the commissioner, the 
 47.14  county may implement the plan.  If the plan is approved by the 
 47.15  commissioner, but a federal waiver is necessary to implement the 
 47.16  plan, the commissioner shall apply for the necessary federal 
 47.17  waivers.  ~~If by July 1, 1996, at least four counties have not~~ 
 47.18  ~~proposed a work focused plan, the commissioner of human services~~ 
 47.19  ~~may pursue the work first plan as provided under sections~~ 
 47.20  ~~256.7351 to 256.7359.  However, a county with a work focus plan~~ 
 47.21  ~~that has been approved under this section may implement the plan.~~
 47.22     Sec. 23.  Minnesota Statutes 1994, section 256D.06, is 
 47.23  amended by adding a subdivision to read: 
 47.24     Subd. 8.  [RECOVERY OF OVERPAYMENTS.] For recipients 
 47.25  receiving benefits via electronic benefit transfer, if the 
 47.26  recipient is overpaid as a result of an automated teller machine 
 47.27  (ATM) dispensing funds in error to the recipient, the agency may 
 47.28  recover the overpayment by immediately withdrawing funds from 
 47.29  the recipient's electronic benefit transfer account, up to the 
 47.30  amount of the overpayment. 
 47.31     Sec. 24.  Minnesota Statutes 1995 Supplement, section 
 47.32  256D.09, subdivision 1, is amended to read: 
 47.33     Subdivision 1.  [PRESUMPTIVE ELIGIBILITY; ~~VENDOR~~ PAYMENTS.] 
 47.34  Until the county agency has determined the initial eligibility 
 47.35  of the applicant in accordance with section 256D.07 or 256D.051, 
 47.36  grants for emergency general assistance must be in the form of 
 48.1   vouchers or vendor payments unless the county agency determines 
 48.2   that a cash grant will best resolve the applicant's need for 
 48.3   emergency assistance.  Thereafter, grants of general assistance 
 48.4   must be paid in cash, by electronic benefit transfer, or by 
 48.5   direct deposit into the recipient's account in a financial 
 48.6   institution, on the first day of the month, except as allowed in 
 48.7   this section. 
 48.8      Sec. 25.  Minnesota Statutes 1994, section 256D.49, 
 48.9   subdivision 3, is amended to read: 
 48.10     Subd. 3.  [OVERPAYMENT OF MONTHLY GRANTS.] When the county 
 48.11  agency determines that an overpayment of the recipient's monthly 
 48.12  payment of Minnesota supplemental aid has occurred, it shall 
 48.13  issue a notice of overpayment to the recipient.  If the person 
 48.14  is no longer receiving Minnesota supplemental aid, the county 
 48.15  agency may request voluntary repayment or pursue civil 
 48.16  recovery.  If the person is receiving Minnesota supplemental 
 48.17  aid, the county agency shall recover the overpayment by 
 48.18  withholding an amount equal to three percent of the standard of 
 48.19  assistance for the recipient or the total amount of the monthly 
 48.20  grant, whichever is less.  For recipients receiving benefits via 
 48.21  electronic benefit transfer, if the overpayment is a result of 
 48.22  an automated teller machine (ATM) dispensing funds in error to 
 48.23  the recipient, the agency may recover the overpayment by 
 48.24  immediately withdrawing funds from the recipient's electronic 
 48.25  benefit transfer account, up to the amount of the overpayment.  
 48.26  Residents of nursing homes, regional treatment centers, and 
 48.27  facilities with negotiated rates shall not have overpayments 
 48.28  recovered from their personal needs allowance. 
 48.29     Sec. 26.  Minnesota Statutes 1994, section 256E.08, 
 48.30  subdivision 8, is amended to read: 
 48.31     Subd. 8.  [REPORTING BY COUNTIES.] Beginning in calendar 
 48.32  year 1980 each county shall submit to the commissioner of human 
 48.33  services a financial accounting of the county's community social 
 48.34  services fund, and other data required by the commissioner under 
 48.35  section 256E.05, subdivision 3, paragraph (g), shall include:  
 48.36     (a) A detailed statement of income and expenses 
 49.1   attributable to the fund in the preceding quarter; and 
 49.2      (b) A statement of the source and application of all money 
 49.3   used for social services programs by the county during the 
 49.4   preceding quarter, including the ~~number of clients served and~~ 
 49.5   expenditures for each service provided, as required by the 
 49.6   commissioner of human services.  
 49.7      In addition, each county shall submit to the commissioner 
 49.8   of human services no later than February 15 of each year, a 
 49.9   detailed balance sheet of the community social development fund 
 49.10  for the preceding calendar year.  
 49.11     If county boards have joined or designated human service 
 49.12  boards for purposes of providing community social services 
 49.13  programs, the county boards may submit a joint statement or the 
 49.14  human service board shall submit the statement, as applicable.  
 49.15     Sec. 27.  [REPEALER.] 
 49.16     Minnesota Statutes 1994, section 256.12, subdivisions 14, 
 49.17  15, 20, 21, and 22; and Minnesota Statutes 1995 Supplement, 
 49.18  section 256.736, subdivisions 10b, 11, 13, 16, and 20, are 
 49.19  repealed. 
 49.20     Sec. 28.  [EFFECTIVE DATE.] 
 49.21     Section 18 is retroactive to July 1, 1995. 
 49.22                             ARTICLE 3
 49.23                     FEDERAL POLICY INITIATIVE
 49.24     Section 1.  [FEDERAL WELFARE REFORM.] 
 49.25     If the 104th Congress makes significant policy or funding 
 49.26  changes that affect income assistance, the commissioner of human 
 49.27  services shall develop recommendations for the legislature which 
 49.28  would address these changes.