256J.561 UNIVERSAL PARTICIPATION REQUIRED.
Subdivision 1. Implementation of universal participation requirements.
caregivers whose applications were received July 1, 2004, or after, are immediately subject to
the requirements in subdivision 2.
(b) For all MFIP participants who were exempt from participating in employment services
as of June 30, 2004, between July 1, 2004, and June 30, 2005, the county,
as part of the participant's recertification under section
256J.32, subdivision 6
, shall determine
whether a new employment plan is required to meet the requirements in subdivision 2. Counties
shall notify each participant who is in need of an employment plan that the participant must
meet with a job counselor within ten days to develop an employment plan. Until a participant's
employment plan is developed, the participant shall be considered in compliance with the
participation requirements in this section if the participant continues to meet the criteria for
an exemption under section
as in effect on June 30, 2004, and is cooperating in the
development of the new plan.
Subd. 2. Participation requirements.
(a) All MFIP caregivers, except caregivers who
meet the criteria in subdivision 3, must participate in employment services. Except as specified
in paragraphs (b) to (d), the employment plan must meet the requirements of section
, contain allowable work activities, as defined in section
256J.49, subdivision 13
and, include at a minimum, the number of participation hours required under section
(b) Minor caregivers and caregivers who are less than age 20 who have not completed high
school or obtained a GED are required to comply with section
(c) A participant who has a family violence waiver shall develop and comply with an
employment plan under section
256J.521, subdivision 3
(d) As specified in section
256J.521, subdivision 2
, paragraph (c), a participant who meets
any one of the following criteria may work with the job counselor to develop an employment plan
that contains less than the number of participation hours under section
256J.55, subdivision 1
Employment plans for participants covered under this paragraph must be tailored to recognize the
special circumstances of caregivers and families including limitations due to illness or disability
and caregiving needs:
(1) a participant who is age 60 or older;
(2) a participant who has been diagnosed by a qualified professional as suffering from an
illness or incapacity that is expected to last for 30 days or more, including a pregnant participant
who is determined to be unable to obtain or retain employment due to the pregnancy; or
(3) a participant who is determined by a qualified professional as being needed in the home
to care for an ill or incapacitated family member, including caregivers with a child or an adult in
the household who meets the disability or medical criteria for home care services under section
256B.0651, 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
, paragraph (c).
(e) For participants covered under paragraphs (c) and (d), the county shall review the
participant's employment services status every three months to determine whether conditions
have changed. When it is determined that the participant's status is no longer covered under
paragraph (c) or (d), the county shall notify the participant that a new or revised employment plan
is needed. The participant and job counselor shall meet within ten days of the determination to
revise the employment plan.
Subd. 3. Child under 12 weeks of age.
(a) A participant who has a natural born child who is
less than 12 weeks of age who meets the criteria in this subdivision is not required to participate
in employment services until the child reaches 12 weeks of age. To be eligible for this provision,
the assistance unit must not have already used this provision or the previously allowed child
under age one exemption. However, an assistance unit that has an approved child under age one
exemption at the time this provision becomes effective may continue to use that exemption until
the child reaches one year of age.
(b) The provision in paragraph (a) ends the first full month after the child reaches 12 weeks of
age. This provision is available only once in a caregiver's lifetime. In a two-parent household, only
one parent shall be allowed to use this provision. The participant and job counselor must meet
within ten days after the child reaches 12 weeks of age to revise the participant's employment plan.
History: 1Sp2003 c 14 art 1 s 91; 2005 c 98 art 1 s 14