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Minnesota Legislature

Office of the Revisor of Statutes

256.997 CHILD SUPPORT OBLIGOR COMMUNITY SERVICE WORK EXPERIENCE
PROGRAM.
    Subdivision 1. Authorization. The commissioner of human services may contract with a
county that operates a community work experience program or a judicial district Department of
Corrections that operates a community work experience program to include child support obligors
who are physically able to work and fail to pay child support as participants in the community
work experience program.
    Subd. 2. Limitations. (a) Except as provided in paragraph (f), a person ordered to participate
in a work program under section 518A.72 shall do so if services are available.
(b) A person may not be required to participate for more than 32 hours per week in the
program under this section.
(c) A person may not be required to participate for more than six weeks for each finding of
contempt.
(d) If a person is required by a governmental entity to participate in another work or training
program, the person may not be required to participate in a program under this section in a week
for more than 32 hours minus the number of hours the person is required to participate in the
other work or training program in that week.
(e) If a person is employed, the person may not be required to participate in a program under
this section in a week for more than 80 percent of the difference between 40 hours and the number
of hours actually worked in the unsubsidized job during that week, to a maximum of 32 hours.
(f) A person who works an average of 32 hours or more per week in an unsubsidized job
is not required to participate in a program under this section.
    Subd. 3. Notice to court. If a person does not complete six weeks of participation in a
program under this section, the county operating the program shall inform the court administrator,
by affidavit, of that noncompletion.
    Subd. 4. Injury protection for work experience participants. (a) This subdivision applies
to payment of any claims resulting from an alleged injury or death of a child support obligor
participating in a community work experience program established and operated by a county or a
judicial district department of corrections under this section.
(b) Claims that are subject to this section must be investigated by the county agency
responsible for supervising the work to determine whether the claimed injury occurred, whether
the claimed medical expenses are reasonable, and whether the loss is covered by the claimant's
insurance. If insurance coverage is established, the county agency shall submit the claim to the
appropriate insurance entity for payment. The investigating county agency shall submit all valid
claims, in the amount net of any insurance payments, to the commissioner of human services.
(c) The commissioner of human services shall submit all claims for impairment compensation
to the commissioner of labor and industry. The commissioner of labor and industry shall review
all submitted claims and recommend to the commissioner of human services an amount of
compensation comparable to what would be provided under the impairment compensation
schedule of section 176.101, subdivision 3b.
(d) The commissioner of human services shall approve a claim of $1,000 or less for payment
if appropriated funds are available, if the county agency responsible for supervising the work
has made the determinations required by this section, and if the work program was operated in
compliance with the safety provisions of this section. The commissioner shall pay the portion
of an approved claim of $1,000 or less that is not covered by the claimant's insurance within
three months of the date of submission. On or before February 1 of each year, the commissioner
shall submit to the appropriate committees of the senate and the house of representatives a list
of claims of $1,000 or less paid during the preceding calendar year and shall be reimbursed by
legislative appropriation for any claims that exceed the original appropriation provided to the
commissioner to operate this program. Unspent money from this appropriation carries over to the
second year of the biennium, and any unspent money remaining at the end of the second year
must be returned to the general fund. On or before February 1 of each year, the commissioner
shall submit to the appropriate committees of the senate and the house of representatives a list of
claims in excess of $1,000 and a list of claims of $1,000 or less that were submitted to but not
paid by the commissioner of human services, together with any recommendations of appropriate
compensation. These claims shall be heard and determined by the appropriate committees of the
senate and house of representatives and, if approved, paid under the legislative claims procedure.
(e) Compensation paid under this section is limited to reimbursement for reasonable medical
expenses and impairment compensation for disability in like amounts as allowed in section
176.101, subdivision 3b. Compensation for injuries resulting in death shall include reasonable
medical expenses and burial expenses in addition to payment to the participant's estate in an
amount not to exceed the limits set forth in section 466.04. Compensation may not be paid under
this section for pain and suffering, lost wages, or other benefits provided in chapter 176. Payments
made under this section must be reduced by any proceeds received by the claimant from any
insurance policy covering the loss. For the purposes of this section, "insurance policy" does not
include the medical assistance program authorized under chapter 256B or the general assistance
medical care program authorized under chapter 256D.
(f) The procedure established by this section is exclusive of all other legal, equitable, and
statutory remedies against the state, its political subdivisions, or employees of the state or its
political subdivisions. The claimant may not seek damages from any state or county insurance
policy or self-insurance program.
(g) A claim is not valid for purposes of this subdivision if the local agency responsible for
supervising the work cannot verify to the commissioner of human services:
(1) that appropriate safety training and information is provided to all persons being
supervised by the agency under this subdivision; and
(2) that all programs involving work by those persons comply with federal Occupational
Safety and Health Administration and state Department of Labor and Industry safety standards.
A claim that is not valid because of failure to verify safety training or compliance with safety
standards may not be paid by the commissioner of human services or through the legislative
claims process and must be heard, decided, and paid, if appropriate, by the local government unit
responsible for supervising the work of the claimant.
    Subd. 5. Transportation expenses. A county shall reimburse a person for reasonable
transportation costs incurred because of participation in a program under this section, up to a
maximum of $25 per month.
    Subd. 6. Payment to county. The commissioner shall pay a county $200 for each person
who participates in the program under this section in that county. The county is responsible for
any additional costs of the program.
History: 1995 c 257 art 1 s 15; 2005 c 164 s 29; 1Sp2005 c 7 s 28