1997 Minnesota Statutes

     256.12 Definitions. 

    Subdivision 1.  Repealed, 1973 c 717 s 33 

    Subd. 2.  Repealed, 1973 c 717 s 33 

    Subd. 3.  Repealed, 1973 c 717 s 33 

    Subd. 4.  Repealed, 1973 c 717 s 33 

    Subd. 5.  Repealed, 1973 c 717 s 33 

    Subd. 6.  Repealed, 1973 c 717 s 33 

    Subd. 7.  Repealed, 1973 c 717 s 33 

    Subd. 8.  Repealed, 1973 c 717 s 33 

    Subd. 9.    County agency.  As used in sections 256.72 
 to 256.87, "county agency" means the county board of public 
 welfare as established by law.  

    Subd. 10.    State agency.  As used in sections 256.72 
 to 256.87, the term "state agency" means the commissioner of 
 human services in the department of human services.  

    Subd. 11.  Repealed, 1973 c 717 s 33 

    Subd. 12.  Repealed, 1973 c 717 s 33 

    Subd. 13.  Repealed, 1973 c 717 s 33 

    Subd. 14.    Dependent child.  (a) "Dependent child," as 
 used in sections 256.72 to 256.87, means a child under the age 
 of 18 years, or a child under the age of 19 years who is 
 regularly attending as a full-time student, and is expected to 
 complete before reaching age 19, a high school or a secondary 
 level course of vocational or technical training designed to fit 
 students for gainful employment, who is found to be deprived of 
 parental support or care by reason of the death, continued 
 absence from the home, physical or mental incapacity of a 
 parent, or who is a child of an unemployed parent as that term 
 is defined by the commissioner of human services, such 
 definition to be consistent with and not to exceed minimum 
 standards established by the Congress of the United States and 
 the Secretary of Health and Human Services.  When defining 
 "unemployed parent," the commissioner shall count up to four 
 calendar quarters of full-time attendance in any of the 
 following toward the requirement that a principal earner have 
 six or more quarters of work in any 13 calendar quarter period 
 ending within one year before application for aid to families 
 with dependent children: 

    (1) an elementary or secondary school; 

    (2) a federally approved vocational or technical training 
 course designed to prepare the parent for gainful employment; or 

    (3) full-time participation in an education or training 
 program established under the Job Training Partnership Act.  

    (b) Dependent child also means a child: 

    (1) whose relatives are liable under the law for the 
 child's support and are not able to provide adequate care and 
 support of the child; and 

    (2) who is living with a parent or a person in one of the 
 groups listed under Code of Federal Regulations, title 45, 
 section 233.90(c)(1)(v)(A) in a place of residence maintained by 
 one or more of these relatives as a home. 

    (c) Dependent child also means a child who has been removed 
 from the home of a relative after a judicial determination that 
 continuance in the home would be contrary to the welfare and 
 best interests of the child and whose care and placement in a 
 foster home, a different relative's home, or a private licensed 
 child care institution is, in accordance with the rules of the 
 commissioner, the responsibility of the state or county agency 
 under sections 256.72 to 256.87.  

    Subd. 15.    Continued absence from the home.  
 "Continued absence from the home," as used in sections 256.72 to 
 256.87, means the absence from the home of the parent, whether 
 or not entitled to the custody of the child, by reason of being 
 an inmate of a penal institution or a fugitive after escape 
 therefrom, or absence from the home by the parent for a period 
 believed to be, and declared by applicant to be, of a continuous 
 duration together with failure on the part of the absent parent 
 to support the child, provided that prior to the granting of 
 such aid all reasonable efforts have been made to secure support 
 for such child.  

    Subd. 16.  Repealed, 1973 c 717 s 33 

    Subd. 17.  Repealed, 1973 c 717 s 33 

    Subd. 18.  Repealed, 1969 c 329 s 1 

    Subd. 19.    Intermediate care facility.  An 
 intermediate care facility is any facility so defined by the 
 state department of health pursuant to rules adopted under the 
 state administrative procedure act.  

    Subd. 20.    Assistance unit.  "Assistance unit" means 
 the group of individuals who are applying for or receiving 
 assistance and whose needs are included in the grant of 
 assistance as determined under sections 256.72 to 256.87.  

    Subd. 21.    Caretaker relative.  "Caretaker relative" 
 means a relative specified by rule to be an eligible relative 
 and who exercises responsibility for the care and control of the 
 dependent child.  

    Subd. 22.    Principal earner.  "Principal earner" 
 means, in a home where both parents of the dependent child live, 
 the parent who earned the greater amount of income in the 
 24-month period immediately preceding the month of application.  

    Subd. 23.    In-kind income.  "In-kind income," as used 
 in sections 256.72 to 256.87, means income, benefits, or 
 payments provided in a form other than money or liquid assets.  
 In-kind income includes goods, produce, services, privileges, or 
 payments on behalf of a person by a third party.  Retirement 
 Survivors and Disability Insurance (RSDI) benefits of an 
 applicant or recipient, paid to a representative payee, and 
 spent on behalf of the applicant or recipient, are not in-kind 
 income, but are considered available income of the applicant or 
 recipient. 

    HIST: (3199-63, 8688-3) Ex1936 c 95 s 2; 1937 c 324 s 1; 1937 
 c 438 s 1; 1939 c 195 s 1; 1943 c 6 s 1; 1947 c 628 s 1; 1951 c 
 229 s 1; 1951 c 600 s 1,2; 1951 c 618 s 1; 1953 c 639 s 1; 1953 
 c 725 s 1; 1955 c 711 s 1; 1957 c 690 s 1; 1963 c 794 s 2; 1965 
 c 51 s 50; 1967 c 879 s 1; 1969 c 387 s 1; 1969 c 740 s 1; 1969 
 c 1026 s 1; 1973 c 191 s 1; 1973 c 717 s 13; 3Sp1981 c 3 s 1-4; 
 1984 c 654 art 5 s 58; 1985 c 248 s 70; 1985 c 252 s 5; 1986 c 
 444; 1987 c 384 art 2 s 61; 1989 c 282 art 5 s 21; 1992 c 513 
 art 8 s 11; 1995 c 207 art 5 s 1