1997 Minnesota 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