2002 Minnesota Statutes

     256J.56 Employment and training services component; 
  exemptions. 

    (a) An MFIP participant is exempt from the requirements of 
 sections 256J.52 to 256J.55 if the participant belongs to any of 
 the following groups: 

    (1) participants who are age 60 or older; 

    (2) participants 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) participants whose presence in the home is required as 
 a caregiver because of a professionally certified illness or 
 incapacity of another member in the assistance unit, a relative 
 in the household, or a foster child in the household and the 
 illness or incapacity is expected to continue for more than 30 
 days; 

    (4) women who are pregnant, if the pregnancy has resulted 
 in a professionally certified incapacity that prevents the woman 
 from obtaining or 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) participants 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.  A personal or family crisis related to family 
 violence, as determined by the county or a job counselor with 
 the assistance of a person trained in domestic violence, should 
 not result in an exemption, but should be addressed through the 
 development or revision of an alternative employment plan under 
 section 256J.52, subdivision 6; or 

    (7) caregivers with a child or an adult in the household 
 who meets the disability or medical criteria for home care 
 services under section 256B.0627, subdivision 1, paragraph (c), 
 or a home and community-based waiver services program under 
 chapter 256B, or meets the criteria for severe emotional 
 disturbance under section 245.4871, subdivision 6, or for 
 serious and persistent mental illness under section 245.462, 
 subdivision 20, paragraph (c).  Caregivers in this exemption 
 category are presumed to be prevented from obtaining or 
 retaining employment. 

    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. 

    (b) The county agency must provide employment and training 
 services to MFIP participants who are exempt under this section, 
 but who volunteer to participate.  Exempt volunteers may request 
 approval for any work activity under section 256J.49, 
 subdivision 13.  The hourly participation requirements for 
 nonexempt participants under section 256J.50, subdivision 5, do 
 not apply to exempt participants who volunteer to participate. 

    HIST: 1997 c 85 art 1 s 47; 1998 c 407 art 6 s 103; 1999 c 245 
 art 6 s 70; 2000 c 488 art 10 s 21; 1Sp2001 c 9 art 10 s 46; 
 2002 c 379 art 1 s 113