1.1                          A bill for an act 
  1.2             relating to human services; modifying the child care 
  1.3             assistance programs; establishing an at-home infant 
  1.4             child care program; amending Minnesota Statutes 2003 
  1.5             Supplement, sections 119B.011, subdivisions 6, 15; 
  1.6             119B.09, subdivision 7; proposing coding for new law 
  1.7             in Minnesota Statutes, chapter 119B. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.10  119B.011, subdivision 6, is amended to read: 
  1.11     Subd. 6.  [CHILD CARE FUND.] "Child care fund" means a 
  1.12  program under this chapter providing:  
  1.13     (1) financial assistance for child care to parents engaged 
  1.14  in employment, job search, or education and training leading to 
  1.15  employment, or an at-home infant child care subsidy; and 
  1.16     (2) grants to develop, expand, and improve the access and 
  1.17  availability of child care services statewide. 
  1.18     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004. 
  1.19     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  1.20  119B.011, subdivision 15, is amended to read: 
  1.21     Subd. 15.  [INCOME.] "Income" means earned or unearned 
  1.22  income received by all family members, including public 
  1.23  assistance cash benefits and at-home infant child care subsidy 
  1.24  payments, unless specifically excluded and child support and 
  1.25  maintenance distributed to the family under section 256.741, 
  1.26  subdivision 15.  The following are excluded from income:  funds 
  2.1   used to pay for health insurance premiums for family members, 
  2.2   Supplemental Security Income, scholarships, work-study income, 
  2.3   and grants that cover costs or reimbursement for tuition, fees, 
  2.4   books, and educational supplies; student loans for tuition, 
  2.5   fees, books, supplies, and living expenses; state and federal 
  2.6   earned income tax credits; assistance specifically excluded as 
  2.7   income by law; in-kind income such as food support, energy 
  2.8   assistance, foster care assistance, medical assistance, child 
  2.9   care assistance, and housing subsidies; earned income of 
  2.10  full-time or part-time students up to the age of 19, who have 
  2.11  not earned a high school diploma or GED high school equivalency 
  2.12  diploma including earnings from summer employment; grant awards 
  2.13  under the family subsidy program; nonrecurring lump sum income 
  2.14  only to the extent that it is earmarked and used for the purpose 
  2.15  for which it is paid; and any income assigned to the public 
  2.16  authority according to section 256.741. 
  2.17     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004. 
  2.18     Sec. 3.  [119B.035] [AT-HOME INFANT CHILD CARE PROGRAM.] 
  2.19     Subdivision 1.  [ESTABLISHMENT.] A family in which a parent 
  2.20  provides care for the family's infant child may receive a 
  2.21  subsidy in lieu of assistance if the family is eligible for, or 
  2.22  is receiving assistance under the basic sliding fee program.  An 
  2.23  eligible family must meet the eligibility factors under section 
  2.24  119B.09, except as provided in subdivision 4, the income 
  2.25  criteria under section 119B.12, and the requirements of this 
  2.26  section.  Subject to federal match and maintenance of effort 
  2.27  requirements for the child care and development fund, the 
  2.28  commissioner shall establish a pool of up to seven percent of 
  2.29  the annual appropriation for the basic sliding fee program to 
  2.30  provide assistance under the at-home infant child care program.  
  2.31  At the end of a fiscal year, the commissioner may carry forward 
  2.32  any unspent funds under this section to the next fiscal year 
  2.33  within the same biennium for assistance under the basic sliding 
  2.34  fee program. 
  2.35     Subd. 2.  [ELIGIBLE FAMILIES.] A family with an infant 
  2.36  under the age of one year is eligible for assistance if: 
  3.1      (1) the family is not receiving MFIP, other cash 
  3.2   assistance, or other child care assistance; 
  3.3      (2) the family has not previously received a life-long 
  3.4   total of 12 months of assistance under this section; and 
  3.5      (3) the family is participating in the basic sliding fee 
  3.6   program or provides verification of participating in an 
  3.7   authorized activity at the time of application and meets the 
  3.8   program requirements. 
  3.9      Subd. 3.  [ELIGIBLE PARENT.] A family is eligible for 
  3.10  assistance under this section if one parent cares for the 
  3.11  family's infant child.  The eligible parent must: 
  3.12     (1) be over the age of 18; 
  3.13     (2) care for the infant full-time in the infant's home; and 
  3.14     (3) care for any other children in the family who are 
  3.15  eligible for child care assistance under this chapter. 
  3.16     For purposes of this section, "parent" means birth parent, 
  3.17  adoptive parent, or stepparent. 
  3.18     Subd. 4.  [ASSISTANCE.] (a) A family is limited to a 
  3.19  lifetime total of 12 months of assistance under subdivision 2.  
  3.20  The maximum rate of assistance is equal to 90 percent of the 
  3.21  rate established under section 119B.13 for care of infants in 
  3.22  licensed family child care in the applicant's county of 
  3.23  residence.  For purposes of this section, the annual income of 
  3.24  the applicant family must be based on an annualization of the 
  3.25  income received only during the period in which the family is 
  3.26  participating in the at-home infant care program. 
  3.27     (b) A participating family must report income and other 
  3.28  family changes as specified in the county's plan under section 
  3.29  119B.08, subdivision 3. 
  3.30     (c) Persons who are admitted to the at-home infant care 
  3.31  program retain their position in any basic sliding fee program 
  3.32  or on any waiting list attained at the time of admittance.  If 
  3.33  they are on the waiting list, they must advance as if they had 
  3.34  not been admitted to the program.  Persons leaving the at-home 
  3.35  infant care program re-enter the basic sliding fee program at 
  3.36  the position they would have occupied or the waiting list at the 
  4.1   position to which they would have advanced.  Persons who would 
  4.2   have attained eligibility for the basic sliding fee program must 
  4.3   be given assistance or advance to the top of the waiting list 
  4.4   when they leave the at-home infant care program.  Persons 
  4.5   admitted to the at-home infant care program who are not on a 
  4.6   basic sliding fee waiting list may apply to the basic sliding 
  4.7   fee program, and if eligible, be placed on the waiting list. 
  4.8      (d) Assistance under this section does not establish an 
  4.9   employer-employee relationship between any member of the 
  4.10  assisted family and the county or state. 
  4.11     Subd. 5.  [IMPLEMENTATION.] The commissioner shall 
  4.12  implement the at-home infant child care program under this 
  4.13  section through counties that administer the basic sliding fee 
  4.14  program under section 119B.03.  The commissioner must develop 
  4.15  and distribute consumer information on the at-home infant care 
  4.16  program to assist parents of infants or expectant parents in 
  4.17  making informed child care decisions. 
  4.18     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004. 
  4.19     Sec. 4.  Minnesota Statutes 2003 Supplement, section 
  4.20  119B.09, subdivision 7, is amended to read: 
  4.21     Subd. 7.  [DATE OF ELIGIBILITY FOR ASSISTANCE.] (a) The 
  4.22  date of eligibility for child care assistance under this chapter 
  4.23  is the later of the date the application was signed; the 
  4.24  beginning date of employment, education, or training; or the 
  4.25  date a determination has been made that the applicant is a 
  4.26  participant in employment and training services under Minnesota 
  4.27  Rules, part 3400.0080, subpart 2a, or chapter 256J or 256K.  The 
  4.28  date of eligibility for the basic sliding fee at-home infant 
  4.29  child care program is the later of the date the infant is born, 
  4.30  or in a county with a basic sliding fee waiting list, the date 
  4.31  the family applies for at-home infant child care. 
  4.32     (b) Payment ceases for a family under the at-home infant 
  4.33  child care program when a family has used a total of 12 months 
  4.34  of assistance as specified under section 119B.035.  Payment of 
  4.35  child care assistance for employed persons on MFIP is effective 
  4.36  the date of employment or the date of MFIP eligibility, 
  5.1   whichever is later.  Payment of child care assistance for MFIP 
  5.2   or work first participants in employment and training services 
  5.3   is effective the date of commencement of the services or the 
  5.4   date of MFIP or work first eligibility, whichever is later.  
  5.5   Payment of child care assistance for transition year child care 
  5.6   must be made retroactive to the date of eligibility for 
  5.7   transition year child care. 
  5.8      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004.