1.1                          A bill for an act 
  1.2             relating to human services; creating noncash 
  1.3             assistance programs; amending Minnesota Statutes 1998, 
  1.4             section 256J.52, subdivision 2; Minnesota Statutes 
  1.5             1999 Supplement, section 256J.52, subdivisions 4 and 
  1.6             5a; proposing coding for new law in Minnesota 
  1.7             Statutes, chapters 119B; and 256J. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [119B.055] [CHILD CARE.] 
  1.10     Families who participate in the noncash assistance programs 
  1.11  under sections 256J.90, 256J.92, and 256J.94 are eligible for 
  1.12  child care assistance.  The amount of child care assistance 
  1.13  available shall be the same amount available under the child 
  1.14  care program in section 119B.05, however, the child care 
  1.15  assistance provided under this section is noncash assistance. 
  1.16     Sec. 2.  Minnesota Statutes 1998, section 256J.52, 
  1.17  subdivision 2, is amended to read: 
  1.18     Subd. 2.  [INITIAL ASSESSMENT.] (a) The job counselor must, 
  1.19  with the cooperation of the participant, assess the 
  1.20  participant's ability to obtain and retain employment.  This 
  1.21  initial assessment must include a review of the participant's 
  1.22  education level, prior employment or work experience, 
  1.23  transferable work skills, and existing job markets. 
  1.24     (b) The job counselor must also thoroughly review the good 
  1.25  cause exemptions under section 256J.57, and exempt the 
  1.26  participant according to that section of law if the participant 
  2.1   falls under one or more of the exemptions categorized, and the 
  2.2   participant agrees that the participant does not wish to 
  2.3   participate in employment and training services.  If the 
  2.4   participant does not fall under an exemption category, the job 
  2.5   counselor must carefully screen the participant to determine if 
  2.6   the participant is experiencing potential barriers to 
  2.7   employment, which may include, but are not limited to, mental 
  2.8   health problems, physical impairments or disabilities, chronic 
  2.9   health conditions, chemical dependency problems, or remedial 
  2.10  reading or math skills.  If the participant is not exempt but 
  2.11  the job counselor determines that the participant has potential 
  2.12  barriers to employment that will not be overcome with job 
  2.13  search, the job counselor must conduct a secondary assessment 
  2.14  under subdivision 4. 
  2.15     (c) In assessing the participant, the job counselor must 
  2.16  determine if the participant needs refresher courses for 
  2.17  professional certification or licensure, in which case, the job 
  2.18  search plan under subdivision 3 must include the courses 
  2.19  necessary to obtain the certification or licensure, in addition 
  2.20  to other work activities, provided the combination of the 
  2.21  courses and other work activities are at least for 40 hours per 
  2.22  week.  
  2.23     ~~(c) If a participant can demonstrate to the satisfaction of~~ 
  2.24  ~~the county agency that lack of proficiency in English is a~~ 
  2.25  ~~barrier to obtaining suitable employment, the job counselor must~~ 
  2.26  ~~include participation in an intensive English as a second~~ 
  2.27  ~~language program if available or otherwise a regular English as~~ 
  2.28  ~~a second language program in the individual's employment plan~~ 
  2.29  ~~under subdivision 5.  Lack of proficiency in English is not~~ 
  2.30  ~~necessarily a barrier to employment.~~  
  2.31     (d) The job counselor may approve an education or training 
  2.32  plan, and postpone the job search requirement, if the 
  2.33  participant has a proposal for an education program which: 
  2.34     (1) can be completed within 12 months; 
  2.35     (2) meets the criteria of section 256J.53, subdivisions 2, 
  2.36  3, and 5; and 
  3.1      (3) is likely, without additional training, to lead to 
  3.2   monthly employment earnings which, after subtraction of the 
  3.3   earnings disregard under section 256J.21, equal or exceed the 
  3.4   family wage level for the participant's assistance unit. 
  3.5      (e) A participant who, at the time of the initial 
  3.6   assessment, presents a plan that includes farming as a 
  3.7   self-employed work activity must have an employment plan 
  3.8   developed under subdivision 5 that includes the farming as an 
  3.9   approved work activity. 
  3.10     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  3.11  256J.52, subdivision 4, is amended to read: 
  3.12     Subd. 4.  [SECONDARY ASSESSMENT.] (a) The job counselor 
  3.13  must conduct a secondary assessment for those participants who: 
  3.14     (1) in the judgment of the job counselor, have barriers to 
  3.15  obtaining employment that will not be overcome with a job search 
  3.16  support plan under subdivision 3; 
  3.17     (2) have completed eight weeks of job search under 
  3.18  subdivision 3 without obtaining or retaining suitable 
  3.19  employment; 
  3.20     (3) have not received a secondary assessment, are working 
  3.21  at least 20 hours per week, and the participant, job counselor, 
  3.22  or county agency requests a secondary assessment; or 
  3.23     (4) have an existing job search plan or employment plan 
  3.24  developed for another program or are already involved in 
  3.25  training or education activities under section 256J.55, 
  3.26  subdivision 5. 
  3.27     (b) In the secondary assessment the job counselor must 
  3.28  evaluate the participant's skills and prior work experience, 
  3.29  family circumstances, interests and abilities, need for 
  3.30  preemployment activities, supportive or educational services, 
  3.31  and the extent of any barriers to employment.  Failure to 
  3.32  complete a secondary assessment shall result in the imposition 
  3.33  of a sanction as specified in sections 256J.46 and 256J.57.  The 
  3.34  job counselor must use the information gathered through the 
  3.35  secondary assessment to develop an employment plan under 
  3.36  subdivision 5. 
  4.1      (c) The job counselor may require the participant to 
  4.2   complete a professional chemical use assessment to be performed 
  4.3   according to the rules adopted under section 254A.03, 
  4.4   subdivision 3, including provisions in the administrative rules 
  4.5   which recognize the cultural background of the participant, or a 
  4.6   professional psychological assessment by a qualified mental 
  4.7   health professional as a component of the secondary assessment, 
  4.8   when the job counselor has a reasonable belief, based on 
  4.9   objective evidence, that a participant's ability to obtain and 
  4.10  retain suitable employment is impaired by a ~~medical condition~~ 
  4.11  mental health or chemical abuse problem.  The job counselor ~~may~~ 
  4.12  must ensure that appropriate services, including counseling, 
  4.13  treatment, child care assistance, and transportation, are 
  4.14  available to the participant to meet needs identified by the 
  4.15  assessment.  Data gathered as part of a professional assessment 
  4.16  must be classified and disclosed according to the provisions in 
  4.17  section 13.46. 
  4.18     (d) The provider shall make available to participants 
  4.19  information regarding additional vendors or resources which 
  4.20  provide employment and training services that may be available 
  4.21  to the participant under a plan developed under this section.  
  4.22  At a minimum, the provider must make available information on 
  4.23  the following resources:  business and higher education 
  4.24  partnerships operated under the Minnesota job skills 
  4.25  partnership, community and technical colleges, adult basic 
  4.26  education programs, and services offered by vocational 
  4.27  rehabilitation programs.  The information must include a brief 
  4.28  summary of services provided and related performance 
  4.29  indicators.  Performance indicators must include, but are not 
  4.30  limited to, the average time to complete program offerings, 
  4.31  placement rates, entry and average wages, and retention rates.  
  4.32  To be included in the information given to participants, a 
  4.33  vendor or resource must provide counties with relevant 
  4.34  information in the format required by the county. 
  4.35     (e) The job counselor shall thoroughly explain the 
  4.36  supported work program under section 256J.90 to each participant 
  5.1   who has one or more barriers to employment.  The program is 
  5.2   voluntary and the participant shall not be required to 
  5.3   participate in the program. 
  5.4      Sec. 4.  Minnesota Statutes 1999 Supplement, section 
  5.5   256J.52, subdivision 5a, is amended to read: 
  5.6      Subd. 5a.  [BASIC EDUCATION ACTIVITIES IN PLAN.] 
  5.7   Participants with low skills in reading or mathematics who are 
  5.8   proficient only at or below an eighth-grade level must be 
  5.9   allowed to include basic education activities, including 
  5.10  obtaining a GED or its equivalent, learning or enhancing soft 
  5.11  skills, and English as a second language activities, in a job 
  5.12  search support plan or an employment plan, whichever is 
  5.13  applicable. 
  5.14     Sec. 5.  [256J.90] [SUPPORTED WORK PROGRAM.] 
  5.15     Subdivision 1.  [ESTABLISHMENT OF PROGRAM.] A supported 
  5.16  work program is created for individuals who are eligible for the 
  5.17  MFIP program, but are found to have one or more barriers to 
  5.18  obtaining or retaining employment.  This program is a voluntary 
  5.19  program on the part of the prospective participant.  The program 
  5.20  is flexible and must be developed in a way that meets the needs 
  5.21  of the different categories of hard-to-employ participants.  The 
  5.22  program must also provide intensive, individualized case 
  5.23  management in order to provide the participant with appropriate 
  5.24  and sufficient supportive services or training in order for the 
  5.25  participant to obtain and retain employment.  A support 
  5.26  coordinator must be assigned to each participant to assess the 
  5.27  participant and facilitate the linkage between supportive 
  5.28  services and work.  General supportive services may include, but 
  5.29  are not limited to, child care assistance, transportation, 
  5.30  housing needs, or parenting and health education classes. 
  5.31     Subd. 2.  [PARTICIPANTS.] Participants must meet the 
  5.32  eligibility criteria of the MFIP program and have at least one 
  5.33  barrier to employment in order to participate in the supported 
  5.34  work program.  Barriers to employment include, but are not 
  5.35  limited to, limited English proficiency, chemical dependency 
  5.36  problems, mental health problems, learning disabilities, 
  6.1   physical disabilities, or any other barrier that the participant 
  6.2   and the support coordinator determine is a barrier to employment.
  6.3      Subd. 3.  [EMPLOYMENT AND SUPPORTIVE SERVICES.] The county 
  6.4   agency may act as the support coordinator or the county agency 
  6.5   may contract with local nonprofit organizations to provide 
  6.6   support coordinators to assess, counsel, and connect 
  6.7   participants with appropriate employment and necessary 
  6.8   supportive services in order to have a successful employment 
  6.9   experience and become self-reliant.  Work-related supportive 
  6.10  services may include, but are not limited to, a job coach, a 
  6.11  bilingual job coach, mental health counseling, or chemical 
  6.12  dependency treatment or other appropriate counseling. 
  6.13     The participant may also participate in an internship 
  6.14  program, training program, or individualized job search before 
  6.15  the participant becomes employed, for up to four months.  The 
  6.16  purpose of the program is to provide the participant with 
  6.17  individualized supportive services to overcome or manage the 
  6.18  barrier or barriers to employment, combined with training, with 
  6.19  employment being the goal.  Applicable supportive services, such 
  6.20  as counseling, may be provided at the participant's employment 
  6.21  site, or off site, depending on how the participant wishes to 
  6.22  structure the arrangement. 
  6.23     Support services may be phased out as the participant is 
  6.24  integrated into the workforce.  There must be continuous 
  6.25  follow-up with the participant to determine if the participant 
  6.26  needs further support to retain employment.  The program must 
  6.27  include the opportunity for ongoing treatment and coordination 
  6.28  of services, access to postemployment support groups, and access 
  6.29  to other ongoing necessary supports. 
  6.30     Subd. 4.  [WAGE SUBSIDY.] The participant shall receive a 
  6.31  noncash assistance wage subsidy.  The amount of the wage subsidy 
  6.32  must be based on the MFIP assistance provided to a family of the 
  6.33  same size and composition. 
  6.34     Sec. 6.  [256J.92] [PROMOTING JOB PREPARATION THROUGH 
  6.35  EDUCATION.] 
  6.36     Individuals who meet the eligibility criteria in section 
  7.1   256J.10, and who are attending a training or education program 
  7.2   according to an approved plan under this chapter, shall become 
  7.3   part of the noncash assistance program under this section.  The 
  7.4   noncash assistance provided must be used for tuition, 
  7.5   transportation, school supplies, and any other support that is 
  7.6   necessary to promote education and become economically 
  7.7   independent.  The amount provided to the family must be based on 
  7.8   the MFIP assistance provided to a family of the same size and 
  7.9   composition. 
  7.10     Sec. 7.  [256J.94] [SUPPORTS FOR WORKING FAMILIES.] 
  7.11     A family that meets the eligibility criteria in section 
  7.12  256J.10, that is earning income, shall become part of the 
  7.13  noncash assistance program under this section.  The support for 
  7.14  working families must be used for transportation expenses, work 
  7.15  expenses, and any other support that is necessary to gain work 
  7.16  experience and increase earnings.  The amount provided must be 
  7.17  based on the MFIP assistance that is provided to a family of the 
  7.18  same size and composition. 
  7.19     Sec. 8.  [NONCASH ASSISTANCE PROGRAMS.] 
  7.20     The noncash assistance provided under Minnesota Statutes, 
  7.21  sections 256J.90, 256J.92, and 256J.94 does not count against 
  7.22  the 60-month time limit.