1998 Minnesota Statutes

     119B.01 Definitions. 

    Subdivision 1.    Scope.  For the purposes of sections 
 119B.01 to 119B.19, the following terms have the meanings given. 

    Subd. 2.    Applicant.  "Child care fund applicants" 
 means all parents, stepparents, legal guardians, or eligible 
 relative caretakers who reside in the household that applies for 
 child care assistance under the child care fund. 

    Subd. 3.    Child care services.  "Child care services" 
 means child care provided in family day care homes, group day 
 care homes, nursery schools, day nurseries, child day care 
 centers, head start, and extended day school age child care 
 programs in or out of the child's home. 

    Subd. 4.    Child.  "Child" means a person 12 years old 
 or younger, or a person age 13 or 14 who is handicapped, as 
 defined in section 125A.02. 

    Subd 5.    Commissioner.  "Commissioner" means the 
 commissioner of children, families, and learning. 

    Subd. 6.    Child care.  "Child care" means the care of 
 a child by someone other than a parent or legal guardian in or 
 outside the child's own home for gain or otherwise, on a regular 
 basis, for any part of a 24-hour day. 

    Subd. 7.    County board.  "County board" means the 
 board of county commissioners in each county. 

    Subd. 7a.    Department.  "Department" means the 
 department of children, families, and learning. 

    Subd. 8.    Education program.  "Education program" 
 means remedial or basic education or English as a second 
 language instruction, a program leading to a general equivalency 
 or high school diploma, post-secondary programs excluding 
 postbaccalaureate programs, and other education and training 
 needs as documented in an employment plan, as defined in 
 subdivision 9.  The employment plan must outline education and 
 training needs of a recipient, meet state requirements for 
 employment plans, meet the requirements of this chapter, and 
 Minnesota Rules, parts 3400.0010 to 3400.0230, and meet the 
 requirements of programs that provide federal reimbursement for 
 child care services.  

    Subd. 9.    Employment plan.  "Employment plan" means 
 employment of recipients financially eligible for child care 
 assistance, or other work activities approved in an 
 employability development, job search support plan, or 
 employment plan that is developed by the county agency, if it is 
 acting as an employment and training service provider, or by an 
 employment and training service provider certified by the 
 commissioner of economic security or an individual designated by 
 the county to provide employment and training services.  The 
 plans and designation of a service provider must meet the 
 requirements of this chapter and chapter 256J or chapter 256K, 
 Minnesota Rules, parts 3400.0010 to 3400.0230, and other 
 programs that provide federal reimbursement for child care 
 services. 

    Subd. 10.    Family.  "Family" means parents, 
 stepparents, guardians and their spouses, or other eligible 
 relative caretakers and their spouses, and their blood related 
 dependent children and adoptive siblings under the age of 18 
 years living in the same home including children temporarily 
 absent from the household in settings such as schools, foster 
 care, and residential treatment facilities.  When a minor parent 
 or parents and his, her, or their child or children are living 
 with other relatives, and the minor parent or parents apply for 
 a child care subsidy, "family" means only the minor parent or 
 parents and the child or children.  An adult may be considered a 
 dependent member of the family unit if 50 percent of the adult's 
 support is being provided by the parents, stepparents, guardians 
 and their spouses, or eligible relative caretakers and their 
 spouses, residing in the same household.  An adult age 18 who is 
 a full-time high school student and can reasonably be expected 
 to graduate before age 19 may be considered a dependent member 
 of the family unit. 

    Subd. 11.    Human services board.  "Human services 
 board" means a board established under section 402.02, Laws 
 1974, chapter 293, or Laws 1976, chapter 340. 

    Subd. 12.    Income.  "Income" means earned or unearned 
 income received by all family members, including public 
 assistance cash benefits, unless specifically excluded.  The 
 following are excluded from income:  funds used to pay for 
 health insurance premiums for family members, Supplemental 
 Security Income, scholarships, work-study income, and grants 
 that cover costs for tuition, fees, books, and educational 
 supplies; student loans for tuition, fees, books, supplies, and 
 living expenses; earned income tax credits; in-kind income such 
 as food stamps, energy assistance, medical assistance, and 
 housing subsidies; earned income of full or part-time secondary 
 school students up to the age of 19, including summer 
 employment; grant awards under the family subsidy program; 
 nonrecurring lump sum income only to the extent that it is 
 earmarked and used for the purpose for which it is paid; and any 
 income assigned to the public authority according to section 
 256.74 or 256.741, if enacted. 

    Subd. 12a.    MFIP-S.  "MFIP-S" means the Minnesota 
 family investment program-statewide, the state's TANF program 
 under Public Law Number 104-193, Title I. 

    Subd. 13.    Provider.  "Provider" means a child care 
 license holder who operates a family day care home, a group 
 family day care home, a day care center, a nursery school, a day 
 nursery, an extended day school age child care program; a legal 
 nonlicensed extended day school age child care program which 
 operates under the auspices of a local school board that has 
 adopted school age child care standards which meet or exceed 
 standards recommended by the state department of children, 
 families, and learning, or a legal nonlicensed caregiver who is 
 at least 18 years of age, and who is not a member of the AFDC 
 assistance unit.  

    Subd. 14.    Post-secondary educational systems.  
 "Post-secondary educational systems" means the University of 
 Minnesota board of regents and the board of trustees of the 
 Minnesota state colleges and universities. 

    Subd. 15.    AFDC.  "AFDC" means the aid to families 
 with dependent children program under sections 256.72 to 256.87; 
 the MFIP program under sections 256.031 to 256.0361 and 256.0475 
 to 256.049; the MFIP-S program under chapter 256J; and the work 
 first program under chapter 256K, whichever program is in effect.

    Subd. 16.    Transition year families.  "Transition year 
 families" means families who have received AFDC, or who were 
 eligible to receive AFDC after choosing to discontinue receipt 
 of the cash portion of MFIP-S assistance under section 256J.31, 
 subdivision 12, for at least three of the last six months before 
 losing eligibility for AFDC due to increased hours of 
 employment, or increased income from employment or child or 
 spousal support. 

    Subd. 17.    Child care fund.  "Child care fund" means a 
 program under this chapter providing:  

    (1) financial assistance for child care to parents engaged 
 in employment or the short-term provision of at-home infant care 
 for their own child or education and training leading to 
 employment; and 

    (2) grants to develop, expand, and improve the access and 
 availability of child care services statewide. 

    HIST: 1Sp1985 c 14 art 9 s 72; 1987 c 403 art 3 s 59; 1988 c 
 689 art 2 s 223; 1989 c 282 art 2 s 135-140; 1990 c 375 s 3; 
 1990 c 568 art 4 s 34-38; 1992 c 513 art 8 s 26,27; 1994 c 483 s 
 1; 1995 c 207 art 4 s 22,23; 1Sp1995 c 3 art 16 s 13; 1996 c 395 
 s 18; 1997 c 162 art 4 s 1-8; 1998 c 397 art 11 s 3; 1998 c 407 
 art 6 s 1