2001 Minnesota Statutes

     256J.49 Employment and training services; definitions. 

    Subdivision 1.    Scope.  The terms used in sections 
 256J.50 to 256J.72 have the meanings given them in this section. 

    Subd. 1a.    Alternative employment plan.  "Alternative 
 employment plan" means a plan that is based on an individualized 
 assessment of need and is developed with a person trained in 
 domestic violence and approved by the county or a job 
 counselor.  The plan may address safety, legal or emotional 
 issues, and other demands on the family as a result of the 
 family violence.  The information in section 256J.515, clauses 
 (1) to (8), must be included as part of the development of the 
 alternative employment plan.  The primary goal of an alternative 
 employment plan is to ensure the safety of the caregiver and 
 children.  To the extent it is consistent with ensuring safety, 
 an alternative employment plan shall also include activities 
 that are designed to lead to self-sufficiency.  An activity is 
 inconsistent with ensuring safety if, in the opinion of a person 
 trained in domestic violence, the activity would endanger the 
 safety of the participant or children.  An alternative 
 employment plan may not automatically include a provision that 
 requires a participant to obtain an order for protection or to 
 attend counseling. 

    Subd. 2.    Family violence.  "Family violence" means: 

    (1) physical acts that result, or threaten to result in, 
 physical injury to an individual; 

    (2) sexual abuse; 

    (3) sexual activity involving a minor child; 

    (4) being forced as the caregiver of a minor child to 
 engage in nonconsensual sexual acts or activities; 

    (5) threats of, or attempts at, physical or sexual abuse; 

    (6) mental abuse; or 

    (7) neglect or deprivation of medical care. 

 Claims of family violence must be documented by the applicant or 
 participant providing a sworn statement, which is supported by 
 collateral documentation.  Collateral documentation may consist 
 of any one of the following: 

    (1) police, government agency, or court records; 

    (2) a statement from a battered woman's shelter staff with 
 knowledge of circumstances or credible evidence that supports 
 the sworn statement; 

    (3) a statement from a sexual assault or domestic violence 
 advocate with knowledge of the circumstances or credible 
 evidence that supports a sworn statement; 

    (4) a statement from professionals from whom the applicant 
 or recipient has sought assistance for the abuse; or 

    (5) a sworn statement from any other individual with 
 knowledge of circumstances or credible evidence that supports 
 the sworn statement. 

    Subd. 3.    Employment and training services.  
 "Employment and training services" means programs, activities 
 and services that are designed to assist participants in 
 obtaining and retaining employment. 

    Subd. 4.    Employment and training service provider.  
 "Employment and training service provider" means: 

    (1) a public, private, or nonprofit employment and training 
 agency certified by the commissioner of economic security under 
 sections 268.0122, subdivision 3, and 268.871, subdivision 1, or 
 is approved under section 256J.51 and is included in the county 
 plan submitted under section 256J.50, subdivision 7; 

    (2) a public, private, or nonprofit agency that is not 
 certified by the commissioner under clause (1), but with which a 
 county has contracted to provide employment and training 
 services and which is included in the county's plan submitted 
 under section 256J.50, subdivision 7; or 

    (3) a county agency, if the county has opted to provide 
 employment and training services and the county has indicated 
 that fact in the plan submitted under section 256J.50, 
 subdivision 7. 

    Notwithstanding section 268.871, an employment and training 
 services provider meeting this definition may deliver employment 
 and training services under this chapter. 

    Subd. 5.    Employment plan.  "Employment plan" means a 
 plan developed by the job counselor and the participant which 
 identifies the participant's most direct path to unsubsidized 
 employment, lists the specific steps that the caregiver will 
 take on that path, and includes a timetable for the completion 
 of each step. 

    Subd. 6.    Federal participation standards.  "Federal 
 participation standards" means the work participation standards 
 as specified in title I of Public Law Number 104-193, the 
 Personal Responsibility and Work Opportunity Reconciliation Act 
 of 1996. 

    Subd. 7.    Intensive English as a second language 
 program.  "Intensive English as a second language program" 
 means an English as a second language program that offers at 
 least 20 hours of class per week. 

    Subd. 8.    Job counselor.  "Job counselor" means a 
 staff person employed by or under contract with the employment 
 and training services provider who delivers services as 
 specified in sections 256J.50 to 256J.55. 

    Subd. 9.    Participant.  "Participant" means a 
 recipient of MFIP-S assistance who participates or is required 
 to participate in employment and training services. 

    Subd. 10.    Provider.  "Provider" means an employment 
 and training service provider. 

    Subd. 11. Repealed, 1Sp2001 c 9 art 10 s 67 

    Subd. 12.    Suitable employment.  "Suitable employment" 
 means employment that: 

    (1) is within the participant's physical and mental 
 abilities; 

    (2) pays hourly gross wages of not less than the applicable 
 state or federal minimum wage; 

    (3) meets health and safety standards set by federal, state 
 and county agencies; and 

    (4) complies with federal, state, and local 
 antidiscrimination laws. 

    Subd. 13.    Work activity.  "Work activity" means any 
 activity in a participant's approved employment plan that is 
 tied to the participant's employment goal.  For purposes of the 
 MFIP program, any activity that is included in a participant's 
 approved employment plan meets the definition of work activity 
 as counted under the federal participation standards.  Work 
 activity includes, but is not limited to: 

    (1) unsubsidized employment; 

    (2) subsidized private sector or public sector employment, 
 including grant diversion as specified in section 256J.69; 

    (3) work experience, including CWEP as specified in section 
 256J.67, and including work associated with the refurbishing of 
 publicly assisted housing if sufficient private sector 
 employment is not available; 

    (4) on-the-job training as specified in section 256J.66; 

    (5) job search, either supervised or unsupervised; 

    (6) job readiness assistance; 

    (7) job clubs, including job search workshops; 

    (8) job placement; 

    (9) job development; 

    (10) job-related counseling; 

    (11) job coaching; 

    (12) job retention services; 

    (13) job-specific training or education; 

    (14) job skills training directly related to employment; 

    (15) the self-employment investment demonstration (SEID), 
 as specified in section 256J.65; 

    (16) preemployment activities, based on availability and 
 resources, such as volunteer work, literacy programs and related 
 activities, citizenship classes, English as a second language 
 (ESL) classes as limited by the provisions of section 256J.52, 
 subdivisions 3, paragraph (d), and 5, paragraph (c), or 
 participation in dislocated worker services, chemical dependency 
 treatment, mental health services, peer group networks, 
 displaced homemaker programs, strength-based resiliency 
 training, parenting education, or other programs designed to 
 help families reach their employment goals and enhance their 
 ability to care for their children; 

    (17) community service programs; 

    (18) vocational educational training or educational 
 programs that can reasonably be expected to lead to employment, 
 as limited by the provisions of section 256J.53; 

    (19) apprenticeships; 

    (20) satisfactory attendance in general educational 
 development diploma classes or an adult diploma program; 

    (21) satisfactory attendance at secondary school, if the 
 participant has not received a high school diploma; 

    (22) adult basic education classes; 

    (23) internships; 

    (24) bilingual employment and training services; 

    (25) providing child care services to a participant who is 
 working in a community service program; and 

    (26) activities included in an alternative employment plan 
 that is developed under section 256J.52, subdivision 6. 

    HIST: 1997 c 85 art 1 s 39; 1997 c 200 art 6 s 1 1998 c 407 
 art 6 s 90; 2000 c 488 art 10 s 16; 1Sp2001 c 9 art 10 s 35-37