2007 Minnesota Statutes

256J.425 HARDSHIP EXTENSIONS.
    Subdivision 1. Eligibility. (a) To be eligible for a hardship extension, a participant in
an assistance unit subject to the time limit under section 256J.42, subdivision 1, must be in
compliance in the participant's 60th counted month. For purposes of determining eligibility
for a hardship extension, a participant is in compliance in any month that the participant has
not been sanctioned.
(b) If one participant in a two-parent assistance unit is determined to be ineligible for a
hardship extension, the county shall give the assistance unit the option of disqualifying the
ineligible participant from MFIP. In that case, the assistance unit shall be treated as a one-parent
assistance unit and the assistance unit's MFIP grant shall be calculated using the shared household
standard under section 256J.08, subdivision 82a.
(c) Prior to denying an extension, the county must review the sanction status and determine
whether the sanction is appropriate or if good cause exists under section 256J.57. If the sanction
was inappropriately applied or the participant is granted a good cause exception before the end of
month 60, the participant shall be considered for an extension.
    Subd. 1a. Review. If a county grants a hardship extension under this section, a county agency
shall review the case every six or 12 months, whichever is appropriate based on the participant's
circumstances and the extension category. More frequent reviews shall be required if eligibility
for an extension is based on a condition that is subject to change in less than six months.
    Subd. 2. Ill or incapacitated. (a) An assistance unit subject to the time limit in section
256J.42, subdivision 1, is eligible to receive months of assistance under a hardship extension if
the participant who reached the time limit belongs to any of the following groups:
(1) participants who are suffering from an illness, injury, or incapacity which has been
certified by a qualified professional when the illness, injury, or incapacity is expected to continue
for more than 30 days and prevents the person from obtaining or retaining employment. These
participants must follow the treatment recommendations of the qualified professional certifying
the illness, injury, or incapacity;
(2) participants whose presence in the home is required as a caregiver because of the illness,
injury, or incapacity of another member in the assistance unit, a relative in the household, or a
foster child in the household when the illness or incapacity and the need for a person to provide
assistance in the home has been certified by a qualified professional and is expected to continue
for more than 30 days; or
(3) 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 245.462, subdivision 20, paragraph (c). Caregivers in this category
are presumed to be prevented from obtaining or retaining employment.
(b) An assistance unit receiving assistance under a hardship extension under this subdivision
may continue to receive assistance as long as the participant meets the criteria in paragraph
(a), clause (1), (2), or (3).
    Subd. 3. Hard-to-employ participants. An assistance unit subject to the time limit in
section 256J.42, subdivision 1, is eligible to receive months of assistance under a hardship
extension if the participant who reached the time limit belongs to any of the following groups:
(1) a person who is diagnosed by a licensed physician, psychological practitioner, or other
qualified professional, as developmentally disabled or mentally ill, and that condition prevents the
person from obtaining or retaining unsubsidized employment;
(2) a person who:
(i) has been assessed by a vocational specialist or the county agency to be unemployable
for purposes of this subdivision; or
(ii) has an IQ below 80 who has been assessed by a vocational specialist or a county agency
to be employable, but not at a level that makes the participant eligible for an extension under
subdivision 4. The determination of IQ level must be made by a qualified professional. In the case
of a non-English-speaking person: (A) the determination must be made by a qualified professional
with experience conducting culturally appropriate assessments, whenever possible; (B) the county
may accept reports that identify an IQ range as opposed to a specific score; (C) these reports must
include a statement of confidence in the results;
(3) a person who is determined by a qualified professional to be learning disabled, and the
disability severely limits the person's ability to obtain, perform, or maintain suitable employment.
For purposes of the initial approval of a learning disability extension, the determination must have
been made or confirmed within the previous 12 months. In the case of a non-English-speaking
person: (i) the determination must be made by a qualified professional with experience conducting
culturally appropriate assessments, whenever possible; and (ii) these reports must include a
statement of confidence in the results. If a rehabilitation plan for a participant extended as learning
disabled is developed or approved by the county agency, the plan must be incorporated into the
employment plan. However, a rehabilitation plan does not replace the requirement to develop and
comply with an employment plan under section 256J.521; or
(4) a person who has been granted a family violence waiver, and who is complying with an
employment plan under section 256J.521, subdivision 3.
    Subd. 4. Employed participants. (a) An assistance unit subject to the time limit under
section 256J.42, subdivision 1, is eligible to receive assistance under a hardship extension if the
participant who reached the time limit belongs to:
(1) a one-parent assistance unit in which the participant is participating in work activities for
at least 30 hours per week, of which an average of at least 25 hours per week every month are
spent participating in employment;
(2) a two-parent assistance unit in which the participants are participating in work activities
for at least 55 hours per week, of which an average of at least 45 hours per week every month are
spent participating in employment; or
(3) an assistance unit in which a participant is participating in employment for fewer hours
than those specified in clause (1), and the participant submits verification from a qualified
professional, in a form acceptable to the commissioner, stating that the number of hours the
participant may work is limited due to illness or disability, as long as the participant is participating
in employment for at least the number of hours specified by the qualified professional. The
participant must be following the treatment recommendations of the qualified professional
providing the verification. The commissioner shall develop a form to be completed and signed by
the qualified professional, documenting the diagnosis and any additional information necessary to
document the functional limitations of the participant that limit work hours. If the participant is
part of a two-parent assistance unit, the other parent must be treated as a one-parent assistance
unit for purposes of meeting the work requirements under this subdivision.
(b) For purposes of this section, employment means:
(1) unsubsidized employment under section 256J.49, subdivision 13, clause (1);
(2) subsidized employment under section 256J.49, subdivision 13, clause (2);
(3) on-the-job training under section 256J.49, subdivision 13, clause (2);
(4) an apprenticeship under section 256J.49, subdivision 13, clause (1);
(5) supported work under section 256J.49, subdivision 13, clause (2);
(6) a combination of clauses (1) to (5); or
(7) child care under section 256J.49, subdivision 13, clause (7), if it is in combination with
paid employment.
(c) If a participant is complying with a child protection plan under chapter 260C, the number
of hours required under the child protection plan count toward the number of hours required
under this subdivision.
(d) The county shall provide the opportunity for subsidized employment to participants
needing that type of employment within available appropriations.
(e) To be eligible for a hardship extension for employed participants under this subdivision, a
participant must be in compliance for at least ten out of the 12 months the participant received
MFIP immediately preceding the participant's 61st month on assistance. If ten or fewer months of
eligibility for TANF assistance remain at the time the participant from another state applies for
assistance, the participant must be in compliance every month.
(f) The employment plan developed under section 256J.521, subdivision 2, for participants
under this subdivision must contain at least the minimum number of hours specified in paragraph
(a) for the purpose of meeting the requirements for an extension under this subdivision. The job
counselor and the participant must sign the employment plan to indicate agreement between the
job counselor and the participant on the contents of the plan.
(g) Participants who fail to meet the requirements in paragraph (a), without good cause
under section 256J.57, shall be sanctioned or permanently disqualified under subdivision 6.
Good cause may only be granted for that portion of the month for which the good cause reason
applies. Participants must meet all remaining requirements in the approved employment plan or
be subject to sanction or permanent disqualification.
(h) If the noncompliance with an employment plan is due to the involuntary loss of
employment, the participant is exempt from the hourly employment requirement under this
subdivision for one month. Participants must meet all remaining requirements in the approved
employment plan or be subject to sanction or permanent disqualification. This exemption is
available to each participant two times in a 12-month period.
    Subd. 4a. Hardship extension pending documentation. If the documentation needed to
determine if a participant is eligible for a hardship extension under subdivision 2 or 3 is not
available by the 60th month, the county agency may extend the participant pending receipt of the
documentation if the county believes the participant is likely to qualify for a hardship extension
and the participant is cooperating with efforts to obtain the documentation. If the participant is
found to be not eligible for an extension, the participant may be responsible for an overpayment.
    Subd. 5. Accrual of certain exempt months. (a) Participants who meet the criteria in
clause (1), (2), or (3) and who are not eligible for assistance under a hardship extension under
subdivision 2, paragraph (a), clause (3), shall be eligible for a hardship extension for a period of
time equal to the number of months that were counted toward the federal 60-month time limit
while the participant was:
(1) a caregiver 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 245.462, subdivision 20, paragraph (c), who was subject to the
requirements in section 256J.561, subdivision 2;
(2) exempt under section 256J.56, paragraph (a), clause (7); or
(3) exempt under section 256J.56, paragraph (a), clause (3), and demonstrates at the time
of the case review required under section 256J.42, subdivision 6, that the participant met the
exemption criteria under section 256J.56, paragraph (a), clause (7), during one or more months
the participant was exempt under section 256J.56, paragraph (a), clause (3). Only months during
which the participant met the criteria under section 256J.56, paragraph (a), clause (7), shall
be considered.
(b) A participant who received TANF assistance that counted towards the federal 60-month
time limit while the participant met the state time limit exemption criteria under section 256J.42,
subdivision 4 or 5, is eligible for assistance under a hardship extension for a period of time equal
to the number of months that were counted toward the federal 60-month time limit while the
participant met the state time limit exemption criteria under section 256J.42, subdivision 4 or 5.
(c) After the accrued months have been exhausted, the county agency must determine if the
assistance unit is eligible for an extension under another extension category in section 256J.425,
subdivision 2 , 3, or 4.
(d) At the time of the case review, a county agency must explain to the participant the
basis for receiving a hardship extension based on the accrual of exempt months. The participant
must provide documentation necessary to enable the county agency to determine whether the
participant is eligible to receive a hardship extension based on the accrual of exempt months or
authorize a county agency to verify the information.
(e) While receiving extended MFIP assistance under this subdivision, a participant is subject
to the MFIP policies that apply to participants during the first 60 months of MFIP, unless the
participant is a member of a two-parent family in which one parent is extended under subdivision
3 or 4. For two-parent families in which one parent is extended under subdivision 3 or 4, the
sanction provisions in subdivision 6 shall apply.
    Subd. 6. Sanctions for extended cases. (a) If one or both participants in an assistance unit
receiving assistance under subdivision 3 or 4 are not in compliance with the employment and
training service requirements in sections 256J.521 to 256J.57, the sanctions under this subdivision
apply. For a first occurrence of noncompliance, an assistance unit must be sanctioned under
section 256J.46, subdivision 1, paragraph (c), clause (1). For a second or third occurrence of
noncompliance, the assistance unit must be sanctioned under section 256J.46, subdivision 1,
paragraph (c), clause (2). For a fourth occurrence of noncompliance, the assistance unit is
disqualified from MFIP. If a participant is determined to be out of compliance, the participant
may claim a good cause exception under section 256J.57, however, the participant may not
claim an exemption under section 256J.56.
(b) If both participants in a two-parent assistance unit are out of compliance at the same time,
it is considered one occurrence of noncompliance.
(c) When a parent in an extended two-parent assistance unit who has not used 60 months of
assistance is out of compliance with the employment and training service requirements in sections
256J.521 to 256J.57, sanctions must be applied as specified in clauses (1) and (2).
(1) If the assistance unit is receiving assistance under subdivision 3 or 4, the assistance unit
is subject to the sanction policy in this subdivision.
(2) If the assistance unit is receiving assistance under subdivision 2, the assistance unit is
subject to the sanction policy in section 256J.46.
(d) If a two-parent assistance unit is extended under subdivision 3 or 4, and a parent who
has not reached the 60-month time limit is out of compliance with the employment and training
services requirements in sections 256J.521 to 256J.57 when the case is extended, the sanction in
the 61st month is considered the first sanction for the purposes of applying the sanctions in this
subdivision, except that the sanction amount shall be 30 percent.
    Subd. 7. Status of disqualified participants. (a) An assistance unit that is disqualified under
subdivision 6, paragraph (a), may be approved for MFIP if the participant complies with MFIP
program requirements and demonstrates compliance for up to one month. No assistance shall
be paid during this period.
(b) An assistance unit that is disqualified under subdivision 6, paragraph (a), and that
reapplies under paragraph (a) is subject to sanction under section 256J.46, subdivision 1,
paragraph (c), clause (1), for a first occurrence of noncompliance. A subsequent occurrence of
noncompliance results in a permanent disqualification.
(c) If one participant in a two-parent assistance unit receiving assistance under a hardship
extension under subdivision 3 or 4 is determined to be out of compliance with the employment
and training services requirements under sections 256J.521 to 256J.57, the county shall give the
assistance unit the option of disqualifying the noncompliant participant from MFIP. In that case,
the assistance unit shall be treated as a one-parent assistance unit for the purposes of meeting the
work requirements under subdivision 4 and the assistance unit's MFIP grant shall be calculated
using the shared household standard under section 256J.08, subdivision 82a. An applicant who is
disqualified from receiving assistance under this paragraph may reapply under paragraph (a). If
a participant is disqualified from MFIP under this subdivision a second time, the participant is
permanently disqualified from MFIP.
(d) Prior to a disqualification under this subdivision, a county agency must review the
participant's case to determine if the employment plan is still appropriate and attempt to meet
with the participant face-to-face. If a face-to-face meeting is not conducted, the county agency
must send the participant a notice of adverse action as provided in section 256J.31. During the
face-to-face meeting, the county agency must:
(1) determine whether the continued noncompliance can be explained and mitigated by
providing a needed preemployment activity, as defined in section 256J.49, subdivision 13,
clause (9);
(2) determine whether the participant qualifies for a good cause exception under section
256J.57;
(3) inform the participant of the family violence waiver criteria and make appropriate
referrals if the waiver is requested;
(4) inform the participant of the participant's sanction status and explain the consequences of
continuing noncompliance;
(5) identify other resources that may be available to the participant to meet the needs of
the family; and
(6) inform the participant of the right to appeal under section 256J.40.
    Subd. 8. County extension request. A county may make a request to the commissioner of
human services, and the commissioner may grant, an extension for a category of participants that
are not extended under section 256J.425, provided the new category of participants is consistent
with the existing extension policy in which an extension is provided to participants whose MFIP
requirements conflict with other statutory requirements or obligations. By January 15 of each
year, the commissioner must report to the chairs and ranking minority members of the senate and
house committees having jurisdiction over health and human services the extensions that were
granted under this section during the previous calendar year. The legislature must act in order for
the extensions to continue. If the legislature fails to act by the end of the legislative session in
which the extensions were reported, the extensions granted under this section during the previous
calendar year expire on June 30 of that year.
History: 1Sp2001 c 9 art 10 s 28; 2002 c 374 art 10 s 9-12; 2002 c 379 art 1 s 113; 1Sp2003
c 14 art 1 s 54-60; 2004 c 288 art 4 s 39-42; 2005 c 56 s 1