1998 Minnesota Statutes

     119B.09 Financial eligibility. 

    Subdivision 1.    General eligibility requirements for all 
 applicants for child care assistance.  (a) Child care services 
 must be available to families who need child care to find or 
 keep employment or to obtain the training or education necessary 
 to find employment and who: 

    (1) meet the requirements of section 119B.05; receive aid 
 to families with dependent children, MFIP-S, or work first, 
 whichever is in effect; and are receiving employment and 
 training services under section 256.736 or chapter 256J or 256K; 

    (2) have household income below the eligibility levels for 
 aid to families with dependent children; or 

    (3) have household income within a range established by the 
 commissioner. 

    (b) Child care services for the families receiving aid to 
 families with dependent children must be made available as 
 in-kind services, to cover any difference between the actual 
 cost and the amount disregarded under the aid to families with 
 dependent children program.  Child care services to families 
 whose incomes are below the threshold of eligibility for aid to 
 families with dependent children, but are not AFDC caretakers, 
 must be made available with the same copayment required of AFDC 
 caretakers or MFIP-S caregivers. 

    (c) All applicants for child care assistance and families 
 currently receiving child care assistance must be assisted and 
 required to cooperate in establishment of paternity and 
 enforcement of child support obligations as a condition of 
 program eligibility.  For purposes of this section, a family is 
 considered to meet the requirement for cooperation when the 
 family complies with the requirements of section 256.741, if 
 enacted. 

    Subd. 2.    Sliding fee.  Child care services to 
 families with incomes in the commissioner's established range 
 must be made available on a sliding fee basis.  The upper limit 
 of the range must be neither less than 70 percent nor more than 
 90 percent of the state median income for a family of four, 
 adjusted for family size.  

    Subd. 3.    Priorities; allocations.  If a county 
 projects that its child care allocation is insufficient to meet 
 the needs of all eligible groups, it may prioritize among the 
 groups that remain to be served after the county has complied 
 with the priority requirements of section 119B.03.  Counties 
 that have established a priority for non-AFDC families beyond 
 those established under section 119B.03 must submit the policy 
 in the annual allocation plan. 

    Subd. 4.    Eligibility; annual income; calculation.  
 Annual income of the applicant family is the current monthly 
 income of the family multiplied by 12 or the income for the 
 12-month period immediately preceding the date of application, 
 or income calculated by the method which provides the most 
 accurate assessment of income available to the family.  
 Self-employment income must be calculated based on gross 
 receipts less operating expenses.  Income must be redetermined 
 when the family's income changes, but no less often than every 
 six months.  Income must be verified with documentary evidence.  
 If the applicant does not have sufficient evidence of income, 
 verification must be obtained from the source of the income. 

    Subd. 5.    Provider choice.  Parents may choose child 
 care providers as defined under section 119B.01, subdivision 13, 
 that best meet the needs of their family.  Counties shall make 
 resources available to parents in choosing quality child care 
 services.  Counties may require a parent to sign a release 
 stating their knowledge and responsibilities in choosing a legal 
 provider described under section 119B.01, subdivision 13.  When 
 a county knows that a particular provider is unsafe, or that the 
 circumstances of the child care arrangement chosen by the parent 
 are unsafe, the county may deny a child care subsidy.  A county 
 may not restrict access to a general category of provider 
 allowed under section 119B.01, subdivision 13. 

    Subd. 6.    Maximum child care assistance.  The maximum 
 amount of child care assistance a local agency may authorize in 
 a two-week period is 120 hours per child. 

    Subd. 7.    Eligibility for assistance.  The date of 
 eligibility for child care assistance under this chapter is the 
 later of the date the application was signed; the beginning date 
 of employment, education, or training; or the date a 
 determination has been made that the applicant is a participant 
 in employment and training services under Minnesota Rules, part 
 3400.0080, subpart 2a, section 256.736, or chapter 256J or 
 256K.  The date of eligibility for the basic sliding fee at-home 
 infant child care program is the later of the date the infant is 
 born or, in a county with a basic sliding fee wait list, the 
 date the family applies for at-home infant child care.  Payment 
 ceases for a family under the at-home infant child care program 
 when a family has used a total of 12 months of assistance as 
 specified under section 119B.061.  Payment of child care 
 assistance for employed persons on AFDC is effective the date of 
 employment or the date of AFDC eligibility, whichever is later.  
 Payment of child care assistance for MFIP-S or work first 
 participants in employment and training services is effective 
 the date of commencement of the services or the date of MFIP-S 
 or work first eligibility, whichever is later.  Payment of child 
 care assistance for transition year child care must be made 
 retroactive to the date of eligibility for transition year child 
 care. 

    Subd. 8.    No employee-employer relationships.  Receipt 
 of federal, state, or local funds by a child care provider 
 either directly or through a parent who is a child care 
 assistance recipient does not establish an employee-employer 
 relationship between the child care provider and the county or 
 state. 

    HIST: 1Sp1985 c 14 art 9 s 72; 1987 c 403 art 3 s 68; 1988 c 
 689 art 2 s 228; 1989 c 282 art 2 s 147,148; 1990 c 568 art 4 s 
 48-50; 1992 c 513 art 8 s 32; 1997 c 162 art 4 s 28-32