2001 Minnesota Statutes

     256K.03 Program requirements. 

    Subdivision 1.    Notification of program.  Except for 
 the provisions in this section, the provisions for the MFIP 
 application process shall be followed.  Within two days after 
 receipt of a completed combined application form, the county 
 agency must refer to the provider the applicant who meets the 
 conditions under section 256K.02, and notify the applicant in 
 writing of the program including the following provisions: 

    (1) notification that, as part of the application process, 
 applicants are required to attend orientation, to be followed 
 immediately by a job search; 

    (2) the program provider, the date, time, and location of 
 the scheduled program orientation; 

    (3) the procedures for qualifying for and receiving 
 benefits under the program; 

    (4) the immediate availability of supportive services, 
 including, but not limited to, child care, transportation, and 
 other work-related aid; and 

    (5) the rights, responsibilities, and obligations of 
 participants in the program, including, but not limited to, the 
 grounds for exemptions and deferrals, the consequences for 
 refusing or failing to participate fully, and the appeal process.

    Subd. 2.    Program orientation.  The county must give a 
 face-to-face orientation regarding the program to the applicant 
 within five days after the date of application.  The orientation 
 must be designed to inform the applicant of: 

    (1) the importance of locating and obtaining a job as soon 
 as possible; 

    (2) benefits to be provided to support work; 

    (3) the manner by which benefits shall be paid; 

    (4) how other supportive services such as medical 
 assistance, child care, transportation, and other work-related 
 aid shall be available to support job search and work; 

    (5) the consequences for failure without good cause to 
 comply with program requirements; and 

    (6) the appeal process. 

    Subd. 3.    Job search plan; employment advisor; financial 
 specialist.  At the end of orientation, the provider must 
 assign an employment advisor and a financial specialist to the 
 applicant.  With advice from the employment advisor, the 
 applicant must develop a job search plan based on existing job 
 markets, prior employment, work experience, and transferable 
 work skills, unless exempt under subdivision 5.  A job search 
 must be planned and conducted for a period of up to eight 
 consecutive weeks from the date of application and for at least 
 32 hours per week.  The types of and target number of job 
 openings to be pursued per week must be written in the job 
 search plan.  The following activities may be included in the 
 job search plan: 

    (1) motivational counseling; 

    (2) job networking or training on how to locate job 
 openings; 

    (3) development of a personal resume; and 

    (4) information on how to conduct job interviews and 
 establish a personal job network. 

    Following the development of the job search plan or the 
 employability development plan under subdivision 8, the 
 financial specialist must interview the applicant to determine 
 eligibility for and the extent of benefits under sections 
 256K.06 and 256K.07 to support the job search or employability 
 development plan.  The provider must attach to the appropriate 
 plan the summary of the necessary enabling services and benefits 
 to be furnished by the provider.  The provider or its 
 representative and the applicant must sign the plan, with its 
 attachment, to indicate a self-sufficiency agreement between the 
 provider and the participant. 

    Subd. 4.    Immediate job search.  An applicant must be 
 required to begin job search within seven days after the date of 
 application for at least 32 hours per week for up to eight 
 weeks, unless exempt under subdivision 5 or deferred under 
 subdivision 8.  For an applicant who is working at least 20 
 hours per week, job search shall consist of 12 hours per week 
 for up to eight weeks.  Within the first five days of job 
 search, the applicant is required to initiate informational 
 contacts with prospective employers, generate additional job 
 leads from the job network, review references and experiences 
 from previous employment, and carry out the other activities 
 under the job search plan developed under subdivision 3. 

    Subd. 5.    Exemption categories.  (a) The applicant 
 will be exempt from the job search requirements and development 
 of a job search plan and an employability development plan under 
 subdivisions 3, 4, and 8 if the applicant belongs to any of the 
 following groups: 

    (1) individuals who are age 60 or older; 

    (2) individuals who are suffering from a professionally 
 certified permanent or temporary illness, injury, or incapacity 
 which is expected to continue for more than 30 days and which 
 prevents the person from obtaining or retaining employment.  
 Persons in this category with a temporary illness, injury, or 
 incapacity must be reevaluated at least quarterly; 

    (3) caregivers whose presence in the home is needed because 
 of the professionally certified illness or incapacity of another 
 member in the assistance unit, a relative in the household, or a 
 foster child in the household; 

    (4) women who are pregnant, if the pregnancy has resulted 
 in a professionally certified incapacity that prevents the woman 
 from obtaining and retaining employment; 

    (5) caregivers of a child under the age of one year who 
 personally provide full-time care for the child.  This exemption 
 may be used for only 12 months in a lifetime.  In two-parent 
 households, only one parent or other relative may qualify for 
 this exemption; 

    (6) individuals who are single parents or one parent in a 
 two-parent family employed at least 35 hours per week; 

    (7) individuals experiencing a personal or family crisis 
 that makes them incapable of participating in the program, as 
 determined by the county agency.  If the participant does not 
 agree with the county agency's determination, the participant 
 may seek professional certification, as defined in section 
 256J.08, that the participant is incapable of participating in 
 the program.  Persons in this exemption category must be 
 reevaluated every 60 days; or 

    (8) second parents in two-parent families employed for 20 
 or more hours per week provided the first parent is employed at 
 least 35 hours per week. 

    (b) A caregiver who is exempt under clause (5) must enroll 
 in and attend an early childhood and family education class, a 
 parenting class, or some similar activity, if available, during 
 the period of time the caregiver is exempt under this section.  
 Notwithstanding section 256J.46, failure to attend the required 
 activity shall not result in the imposition of a sanction. 

    Subd. 6.    County duties.  The county must act on the 
 application within 30 days of the application date.  If the 
 applicant is not eligible, the application will be denied and 
 the county must notify the applicant of the denial in writing.  
 An applicant whose application has been denied may be allowed to 
 complete the job search plan; however, supportive services will 
 not be provided. 

    Subd. 7.    Job search plan status report.  The 
 applicant or participant must submit a completed job search plan 
 status report form to the employment advisor every two weeks 
 during the job search process, with the first completed form due 
 21 days after the date of application. 

    Subd. 8.    Employability development plan.  At the 
 discretion and approval of the employment advisor, the applicant 
 may be deferred from the requirement to conduct at least 32 
 hours of job search per week for up to eight consecutive weeks, 
 if during the development of the job search plan, the applicant 
 is determined to: 

    (1) not have worked within the past 12 months and not have 
 a high school or a general equivalency diploma provided the 
 applicant agrees to develop and carry out an employability 
 development plan instead of job search, and concurrently work 
 for at least 16 hours per week in a temporary public service 
 job.  The employability development plan must include the 
 employment goals and specific outcomes the participant must 
 achieve; 

    (2) be within six months of completing any post-secondary 
 training program, provided that the applicant agrees to develop 
 and carry out an employability development plan instead of a job 
 search, and concurrently work for a minimum number of hours per 
 week in a temporary public service job.  The employability 
 development plan must include the employment goal and specific 
 outcomes that the participant must achieve.  The applicant that 
 is deferred under this subdivision may choose to work in a job 
 other than a public service job for a minimum number of hours 
 per week rather than in a temporary public service job.  For 
 individuals who are participating in an educational program 
 under this clause, and who are attending school full time as 
 determined by the institution, there is no work requirement.  
 For individuals participating in an educational program on a 
 part-time basis as determined by the institution, the minimum 
 number of hours that a participant must work shall be decreased 
 as the participant increases the number of credit hours taken, 
 except that the participant shall not be required to work more 
 than eight hours per week. 

    During vacation periods of one month or more, the 16-hour 
 per week minimum work requirement shall apply.  The applicant 
 may be deferred for up to six months.  At the end of the 
 deferment period, the participant must develop a job search plan 
 and conduct at least 32 hours of job search per week for up to 
 eight consecutive weeks, and submit reports as required under 
 subdivisions 3 and 4; or 

    (3) be in treatment for chemical dependency, be a victim of 
 domestic abuse, or be homeless, provided that the applicant 
 agrees to develop an employability development plan instead of a 
 job search plan, and immediately follow through with the 
 activities in the employability development plan.  The 
 employability development plan must include specific outcomes 
 that the applicant must achieve for the duration of the 
 employability development plan and activities which are needed 
 to address the issues identified.  Under this clause, the 
 applicant may be deferred for up to eight weeks. 

    Subd. 9.    EDP status report.  The participant who is 
 deferred from job search under subdivision 8 must submit a 
 completed employability development plan status report form to 
 the employment advisor every 14 days as long as the participant 
 continues to be deferred, with the first completed form due 21 
 days after the date of application. 

    Subd. 10.    Job offer.  The participant must not refuse 
 any job offer, provided that the job is within the participant's 
 physical and mental abilities, pays hourly gross wages of not 
 less than the applicable state or federal minimum wage, and 
 meets health and safety standards set by federal, state, and 
 county agencies.  If a job is offered, the participant must 
 inform the provider immediately to redetermine eligibility for 
 and extent of benefits and services to support work.  To enhance 
 job retention, the provider may provide services such as 
 motivational counseling or on-site problem solving for up to six 
 months.  The participant who has completed at least six months 
 of work in a nonsubsidized job shall be encouraged to 
 participate in a training program that would improve the 
 participant's ability to obtain a job that pays a higher wage. 

    Subd. 11.    Duty to report.  The participant must 
 immediately inform the provider regarding any changes related to 
 the participant's employment status. 

    Subd. 12.    Requirement to work in a temporary public 
 service job.  (a) If after the completion of the maximum eight 
 weeks of job search the participant has failed to secure a 
 nonsubsidized or a subsidized job for at least 32 hours per 
 week, or does not earn a net income from self-employment that is 
 equal to at least the MFIP monthly grant for the household size, 
 the participant is required to work in a temporary public 
 service job for up to 67 working days for (1) at least 32 hours 
 per week, or (2) a period equivalent to the result of dividing 
 the monthly grant amount which the participant would otherwise 
 receive, by the federal hourly minimum wage, or applicable 
 hourly state minimum wage, or the hourly rate of pay for 
 individuals employed in the same occupation at the site, 
 whichever is highest.  If the result is more than 128 hours per 
 month, the participant's requirement to work in a temporary 
 public service job shall not be more than 32 hours per week. 

    (b) Within seven days from the date of application, the 
 participant who is deferred under subdivision 8, clause (1) or 
 (2), and is participating in an educational program on a 
 part-time basis must work in a temporary public service job as 
 required under subdivision 8, clause (2). 

    (c) The provider shall strive to match the profile of the 
 participant with the needs of the employers that are 
 participating in a temporary jobs program under section 256K.05. 

    HIST: 1997 c 85 art 2 s 4; 1998 c 407 art 6 s 109; 1999 c 159 
 s 99,100; 1Sp2001 c 9 art 2 s 58 

*   NOTE:  The amendment to subdivision 1 by Laws 2001, First 
*Special Session chapter 9, article 2, section 58, is effective 
*July 1, 2002.  Laws 2001, First Special Session chapter 9, 
*article 2, section 58, the effective date.