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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 Repealed, 1973 c 717 s 33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 Repealed, 1973 c 717 s 33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 Repealed, 1973 c 717 s 33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 Repealed, 1973 c 717 s 33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 Repealed, 1973 c 717 s 33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 Repealed, 1973 c 717 s 33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 Repealed, 1973 c 717 s 33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 Repealed, 1973 c 717 s 33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 Repealed, 1973 c 717 s 33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 Repealed, 1973 c 717 s 33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 Repealed, 1973 c 717 s 33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