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Minnesota Legislature

Office of the Revisor of Statutes

256.032 Definitions.

Subdivision 1. Scope of definitions. The terms used in sections 256.031 to 256.0361 have the meanings given them unless otherwise provided or indicated by the context.

Subd. 1a. Assistance unit. (a) "Assistance unit" means the following individuals when they are living together: a minor child; the minor child's blood-related siblings; and the minor child's natural and adoptive parents. The income and assets of members of the assistance unit must be considered in determining eligibility for the family investment plan.

(b) A nonparental caregiver, as defined in subdivision 2, may elect to be included in the assistance unit. A nonparental caregiver who does not elect to be included under this paragraph must apply for assistance with the minor child.

(c) A stepparent of the minor child may elect to be included in the assistance unit. If the stepparent does not choose to be included, the county agency shall not count the stepparent's resources or income, if the stepparent's income is less than 275 percent of the federal poverty guidelines for a family of one. If the stepparent's income is more than 275 percent of the federal poverty guidelines for a family of one and the stepparent does not choose to be included, the county agency shall not count the stepparent's resources, but shall count the stepparent's income in accordance with section 256.033, subdivision 2, clause (5).

(d) A stepsibling of the minor child may elect to be included in the assistance unit.

(e) A parent of a minor caregiver may elect to be included in the minor caregiver's assistance unit. If the parent of the minor caregiver does not choose to be included, the county agency shall not count the resources of the parent of the minor caregiver, but shall count the income of the parent of the minor caregiver, in accordance with section 256.033, subdivision 2, clause (5).

Subd. 2. Caregiver. "Caregiver" means a minor child's natural or adoptive parent or parents who live in the home with the minor child. For purposes of determining eligibility for this program, "caregiver" also means any of the following individuals, if adults, who live with and provide care and support to a minor child when the minor child's natural or adoptive parent or parents do not reside in the same home: grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew, niece, persons of preceding generations as denoted by prefixes of "great" or "great-great," or a spouse of any person named in the above groups even after the marriage ends by death or divorce.

Subd. 3. Case management. "Case management" means the assessment of family needs, the development of the employability plan and family support agreement, and the coordination of services necessary to support the family in its social and economic roles, according to section 256.035, subdivision 6a.

Subd. 4. Commissioner. "Commissioner" means the commissioner of human services or a designee.

Subd. 5. Repealed, 1991 c 292 art 5 s 82

Subd. 5a. County agency. "County agency" means the agency designated by the county board to implement financial assistance for current programs and for the Minnesota family investment plan and the agency responsible for enforcement of child support collection.

Subd. 5b. County board. "County board" means the county board of commissioners; a local social services agency as defined in chapter 393; a board established under the joint powers act, section 471.59; or a human services board under chapter 402.

Subd. 6. Department. "Department" means the department of human services.

Subd. 6a. Employability plan. "Employability plan" means the plan developed by the case manager and the caregiver according to section 256.035, subdivision 6b, which meets the requirements for an employability development plan under section 256.736, subdivision 10, paragraph (a), clause (15).

Subd. 7. Family. "Family" includes the following individuals who live together: a minor child or a group of minor children related to each other as siblings, half siblings, stepsiblings, or adopted siblings, together with their natural or adoptive parents, or their caregiver as defined in subdivision 2. "Family" also includes a pregnant woman in the third trimester of pregnancy with no children.

Subd. 7a. Family support agreement. "Family support agreement" means the agreement developed by the case manager and the caregiver under section 256.035, subdivision 6c.

Subd. 8. Family wage level. "Family wage level" means 120 percent of the transitional standard, as defined in subdivision 13.

Subd. 8a. Minor child. "Minor child" means a child who is living in the same home of a parent or other caregiver, who is in financial need, and who is either less than 18 years of age or is under the age of 19 years and is regularly attending as a full-time student and is expected to complete a high school or a secondary level course of vocational or technical training designed to fit students for gainful employment before reaching age 19.

Subd. 9. Repealed, 1991 c 292 art 5 s 82

Subd. 10. Program. "Program" means the Minnesota family investment plan.

Subd. 11. Significant change. "Significant change" means a decline in gross income of 38 percent or more from the income used to determine the grant for the current month.

Subd. 11a. Suitable employment. "Suitable employment" has the meaning given in section 256.736, subdivision 1a, paragraph (h).

Subd. 12. Transitional status. "Transitional status" means the status of caregivers who are independently pursuing self-sufficiency or caregivers who are complying with the terms of a family support agreement with a county.

Subd. 13. Transitional standard. "Transitional standard" means the sum of the AFDC standard of assistance and the full cash value of food stamps for a family of the same size and composition in effect for the remainder of the state during implementation of the Minnesota family investment plan field trials. This standard applies only to families in which the parental caregiver is in transitional status and to families in which the caregiver is exempt from developing or has good cause for not complying with the terms of the family support agreement. Full cash value of food stamps is the amount of the cash value of food stamps to which a family of a given size would be entitled for a month, determined by assuming unearned income equal to the AFDC standard for a family of that size and composition and subtracting the standard deduction and maximum shelter deduction from gross family income, as allowed under the Food Stamp Act of 1977, as amended, and Public Law Number 100-435. The assistance standard for a family consisting of a pregnant woman in the third trimester of pregnancy with no children must equal the assistance standard for one adult and one child.

HIST: 1989 c 282 art 5 s 7; 1991 c 292 art 5 s 13; 1Sp1993 c 1 art 6 s 3; 1994 c 631 s 31