1999 Minnesota Statutes

     119B.011 Definitions. 

    Subdivision 1.    Scope.  For the purposes of this 
 chapter, the following terms have the meanings given. 

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

    Subd. 3.    Application.  "Application" means the 
 submission to a county agency, by or on behalf of a family, of a 
 completed, signed, and dated child care assistance universal 
 application form that indicates the family's desire to receive 
 assistance. 

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

    (1) financial assistance for child care to parents engaged 
 in employment, job search, or education and training leading to 
 employment, or an at-home infant care subsidy; and 

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

    Subd. 7.    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 8.    Commissioner.  "Commissioner" means the 
 commissioner of children, families, and learning. 

    Subd. 9.    County board.  "County board" means the 
 board of county commissioners in each county. 

    Subd. 10.    Department.  "Department" means the 
 department of children, families, and learning. 

    Subd. 11.    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 12.  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. 12.    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. 13.    Family.  "Family" means parents, 
 stepparents, guardians and their spouses, or other eligible 
 relative caregivers 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 or parents, 
 stepparents, guardians and their spouses, or other relative 
 caregivers and their spouses temporarily absent from the 
 household in settings such as schools, military service, or 
 rehabilitation programs.  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 their child or children.  An adult age 18 or older who meets 
 this definition of family and is a full-time high school or 
 post-secondary student may be considered a dependent member of 
 the family unit if 50 percent or more of the adult's support is 
 provided by the parents, stepparents, guardians, and their 
 spouses or eligible relative caregivers and their spouses 
 residing in the same household. 

    Subd. 14.    Human services board.  "Human services 
 board" means a board established under section 402.02, Laws 
 1974, chapter 293, or Laws 1976, chapter 340. 

    Subd. 15.    Income.  "Income" means earned or unearned 
 income received by all family members, including public 
 assistance cash benefits and at-home infant care subsidy 
 payments, 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 or 
 reimbursement for tuition, fees, books, and educational 
 supplies; student loans for tuition, fees, books, supplies, and 
 living expenses; state and federal earned income tax credits; 
 in-kind income such as food stamps, energy assistance, foster 
 care assistance, medical assistance, child care assistance, and 
 housing subsidies; earned income of full or part-time students, 
 who have not earned a high school diploma or GED high school 
 equivalency diploma including earnings from 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. 

    Subd. 16.    Legal nonlicensed child care provider.  
 "Legal nonlicensed child care provider" means a child care 
 provider who is excluded from licensing requirements under 
 section 245A.03, subdivision 2. 

    Subd. 17.    MFIP.  "MFIP" means the Minnesota family 
 investment program, the state's TANF program under Public Law 
 Number 104-193, Title I, and includes the MFIP program under 
 chapter 256J, the work first program under chapter 256K, and 
 tribal contracts under section 119B.02, subdivision 2, or 
 256.01, subdivision 2. 

    Subd. 18.    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. 19.    Provider.  "Provider" means a child care 
 license holder who operates a family child care home, a group 
 family child care home, a child care center, a nursery school, a 
 day nursery, a school age care program; a license-exempt school 
 age care program operating under the auspices of a local school 
 board or a park or recreation board of a city of the first class 
 that has adopted school age care guidelines which meet or exceed 
 guidelines recommended by the department, or a nonlicensed 
 registered provider who is at least 18 years of age, and who is 
 not a member of the MFIP assistance unit or a member of the 
 family receiving child care assistance under this chapter.  

    Subd. 20.    Transition year families.  "Transition year 
 families" means families who have received MFIP assistance, or 
 who were eligible to receive MFIP assistance after choosing to 
 discontinue receipt of the cash portion of MFIP assistance under 
 section 256J.31, subdivision 12, for at least three of the last 
 six months before losing eligibility for MFIP due to increased 
 income from employment or child or spousal support or families 
 participating in work first under chapter 256K who meet the 
 requirements of section 256K.07.  Transition year child care may 
 be used to support employment or job search. 

    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; 1999 c 159 s 7-12; 1999 c 205 art 1 s 3-10,69; art 5 
 s 1,2,21 

*   NOTE:  Subdivision 17 was also repealed by Laws 1999, 
*chapter 159, section 154.