268.871 Local delivery.
Subdivision 1. Responsibility and certification. (a) Unless prohibited by federal law or otherwise determined by state law, a local service unit is responsible for the delivery of employment and training services. After February 1, 1988, employment and training services must be delivered by certified employment and training service providers.
(b) The local service unit's employment and training service provider must meet the certification standards in this subdivision in order to be certified to deliver any of the following employment and training services and programs: wage subsidies; general assistance grant diversion; food stamp employment and training programs; community work experience programs; AFDC or MFIP-S job search; AFDC or MFIP-S grant diversion; AFDC or MFIP-S on-the-job training; and AFDC or MFIP-S case management.
(c) The commissioner shall certify a local service unit's service provider to provide these employment and training services and programs if the commissioner determines that the provider has:
(1) past experience in direct delivery of the programs specified in paragraph (b);
(2) staff capabilities and qualifications, including adequate staff to provide timely and effective services to clients, and proven staff experience in providing specific services such as assessments, career planning, job development, job placement, support services, and knowledge of community services and educational resources;
(3) demonstrated effectiveness in providing services to public assistance recipients and other economically disadvantaged clients; and
(4) demonstrated administrative capabilities, including adequate fiscal and accounting procedures, financial management systems, participant data systems, and record retention procedures.
(d) When the only service provider that meets the criterion in paragraph (c), clause (1), has been decertified, according to subdivision 1a, in that local service unit, the following criteria shall be substituted: past experience in direct delivery of multiple, coordinated, nonduplicative services, including outreach, assessments, identification of client barriers, employability development plans, and provision or referral to support services.
(e) The commissioner shall certify providers of the Minnesota family investment plan case management services as defined in section 256.032, subdivision 3. Providers must meet the standards defined in paragraph (c), except that past experience under paragraph (c), clause (1), must be in services and programs similar to those specified in section 256.032, subdivision 3.
Employment and training service providers shall be certified by the commissioner for two fiscal years beginning July 1, 1991, and every second year thereafter.
Subd. 1a. Decertification. (a) The department, on its own initiative, or at the request of the local service unit, shall begin decertification processes for employment and training service providers who:
(1) no longer meet one or more of the certification standards;
(2) are delivering services in a manner that does not comply with the Family Support Act of 1988, Public Law Number 100-485 or relevant state law after corrective actions have been cited, technical assistance has been provided, and a reasonable period of time for remedial action has been provided; or
(3) are not complying with other state and federal laws or policy which are necessary for effective delivery of services.
(b) The initiating of decertification processes shall not result in decertification of the service provider unless and until adequate fact-finding and investigation has been performed by the department.
Subd. 2. Contracting responsibility. A local service unit must contract with certified employment and training service providers that can effectively coordinate federal, state, and local employment and training services; that can maximize use of available federal and other nonstate funds; and that have demonstrated the ability to achieve effective results in serving public assistance clients as well as other unemployed people.
Subd. 3. Enforcement. The local service units shall provide for the enforcement of employment and training requirements for appropriate recipients of public assistance, and must include provisions for enforcing the requirements in any contracts with providers under subdivisions 1 and 2.
Subd. 4. Location of staff. (a) In establishing a contract, the county shall agree to colocate, where feasible, income maintenance and social service staff as necessary to accept applications and determine eligibility, monitor ongoing client eligibility, and authorize services and grants available under programs administered by the county or local service unit that are related to employment and training or the client's successful participation in employment and training activities.
(b) The commissioner shall colocate, where feasible, sufficient staff to make the services provided through the department of economic security and the programs it administers or supervises available to clients being served by the local service unit or the contract agency.
(c) The commissioner has emergency and permanent rulemaking authority to implement this section and shall establish the circumstances under which the requirements for colocation may be waived.
Subd. 5. Reports. Each employment and training service provider under contract with a local service unit or an Indian tribe to deliver employment and training services must submit an annual report by March 1 to the local service unit or the Indian tribe. The report must specify:
(1) the types of services provided;
(2) the number of priority and nonpriority AFDC recipients served, the number of work readiness assistance recipients served, and the number of other clients served;
(3) how resources will be prioritized to serve priority and nonpriority public assistance recipients and other clients; and
(4) the manner in which state employment and training funds and programs are being coordinated with federal and local employment and training funds and programs.
HIST: 1Sp1985 c 9 art 2 s 103; 1Sp1985 c 14 art 9 s 67; 1987 c 403 art 3 s 55-57; 1987 c 403 art 2 s 143; 1989 c 282 art 5 s 126; 1990 c 568 art 4 s 74-76; 1993 c 306 s 17; 1994 c 483 s 1; 1997 c 85 art 4 s 31
Official Publication of the State of Minnesota
Revisor of Statutes