2001 Minnesota Statutes

     256J.46 Sanctions. 

    Subdivision 1.    Participants not complying with program 
 requirements.  (a) A participant who fails without good cause 
 to comply with the requirements of this chapter, and who is not 
 subject to a sanction under subdivision 2, shall be subject to a 
 sanction as provided in this subdivision.  Prior to the 
 imposition of a sanction, a county agency shall provide a notice 
 of intent to sanction under section 256J.57, subdivision 2, and, 
 when applicable, a notice of adverse action as provided in 
 section 256J.31. 

    (b) A participant who fails to comply with an alternative 
 employment plan must have the plan reviewed by a person trained 
 in domestic violence and a job counselor or the county agency to 
 determine if components of the alternative employment plan are 
 still appropriate.  If the activities are no longer appropriate, 
 the plan must be revised with a person trained in domestic 
 violence and approved by a job counselor or the county agency.  
 A participant who fails to comply with a plan that is determined 
 not to need revision will lose their exemption and be required 
 to comply with regular employment services activities.  

    (c) A sanction under this subdivision becomes effective the 
 month following the month in which a required notice is given.  
 A sanction must not be imposed when a participant comes into 
 compliance with the requirements for orientation under section 
 256J.45 or third-party liability for medical services under 
 section 256J.30, subdivision 10, prior to the effective date of 
 the sanction.  A sanction must not be imposed when a participant 
 comes into compliance with the requirements for employment and 
 training services under sections 256J.49 to 256J.55 ten days 
 prior to the effective date of the sanction.  For purposes of 
 this subdivision, each month that a participant fails to comply 
 with a requirement of this chapter shall be considered a 
 separate occurrence of noncompliance.  A participant who has had 
 one or more sanctions imposed must remain in compliance with the 
 provisions of this chapter for six months in order for a 
 subsequent occurrence of noncompliance to be considered a first 
 occurrence.  

    (d) Sanctions for noncompliance shall be imposed as follows:

    (1) For the first occurrence of noncompliance by a 
 participant in an assistance unit, the assistance unit's grant 
 shall be reduced by ten percent of the MFIP standard of need for 
 an assistance unit of the same size with the residual grant paid 
 to the participant.  The reduction in the grant amount must be 
 in effect for a minimum of one month and shall be removed in the 
 month following the month that the participant returns to 
 compliance.  

    (2) For a second or subsequent occurrence of noncompliance 
 by a participant in an assistance unit, or when each of the 
 participants in a two-parent assistance unit have a first 
 occurrence of noncompliance at the same time, the assistance 
 unit's shelter costs shall be vendor paid up to the amount of 
 the cash portion of the MFIP grant for which the assistance unit 
 is eligible.  At county option, the assistance unit's utilities 
 may also be vendor paid up to the amount of the cash portion of 
 the MFIP grant remaining after vendor payment of the assistance 
 unit's shelter costs.  The residual amount of the grant after 
 vendor payment, if any, must be reduced by an amount equal to 30 
 percent of the MFIP standard of need for an assistance unit of 
 the same size before the residual grant is paid to the 
 assistance unit.  The reduction in the grant amount must be in 
 effect for a minimum of one month and shall be removed in the 
 month following the month that the participant in a one-parent 
 assistance unit returns to compliance.  In a two-parent 
 assistance unit, the grant reduction must be in effect for a 
 minimum of one month and shall be removed in the month following 
 the month both participants return to compliance.  The vendor 
 payment of shelter costs and, if applicable, utilities shall be 
 removed six months after the month in which the participant or 
 participants return to compliance.  If an assistance unit is 
 sanctioned under this clause, the participant's case file must 
 be reviewed as required under paragraph (e). 

    (e) When a sanction under paragraph (d), clause (2), is in 
 effect, the 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.  The 
 participant may bring an advocate to the face-to-face meeting.  
 If a face-to-face meeting is not conducted, the county agency 
 must send the participant a written notice that includes the 
 information required under clause (1). 

    (1) During the face-to-face meeting, the county agency must:

    (i) 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 
 (16), or services under a local intervention grant for 
 self-sufficiency under section 256J.625; 

    (ii) determine whether the participant qualifies for a good 
 cause exception under section 256J.57; 

    (iii) determine whether the participant qualifies for an 
 exemption under section 256J.56; 

    (iv) determine whether the participant qualifies for an 
 exemption from regular employment services requirements for 
 victims of family violence under section 256J.52, subdivision 6; 

    (v) inform the participant of the participant's sanction 
 status and explain the consequences of continuing noncompliance; 

    (vi) identify other resources that may be available to the 
 participant to meet the needs of the family; and 

    (vii) inform the participant of the right to appeal under 
 section 256J.40. 

    (2) If the lack of an identified activity can explain the 
 noncompliance, the county must work with the participant to 
 provide the identified activity, and the county must restore the 
 participant's grant amount to the full amount for which the 
 assistance unit is eligible.  The grant must be restored 
 retroactively to the first day of the month in which the 
 participant was found to lack preemployment activities or to 
 qualify for an exemption under section 256J.56, a good cause 
 exception under section 256J.57, or an exemption for victims of 
 family violence under section 256J.52, subdivision 6. 

    (3) If the participant is found to qualify for a good cause 
 exception or an exemption, the county must restore the 
 participant's grant to the full amount for which the assistance 
 unit is eligible.  

    Subd. 1a. Repealed, 1Sp2001 c 9 art 10 s 67 

    Subd. 2.    Sanctions for refusal to cooperate with 
 support requirements.  The grant of an MFIP caregiver who 
 refuses to cooperate, as determined by the child support 
 enforcement agency, with support requirements under section 
 256.741, shall be subject to sanction as specified in this 
 subdivision.  The assistance unit's grant must be reduced by 25 
 percent of the applicable MFIP standard of need.  The residual 
 amount of the grant, if any, must be paid to the caregiver.  A 
 sanction under this subdivision becomes effective the first 
 month following the month in which a required notice is given.  
 A sanction must not be imposed when a caregiver comes into 
 compliance with the requirements under section 256.741 prior to 
 the effective date of the sanction.  The sanction shall be 
 removed in the month following the month that the caregiver 
 cooperates with the support requirements.  Each month that an 
 MFIP caregiver fails to comply with the requirements of section 
 256.741 must be considered a separate occurrence of 
 noncompliance.  An MFIP caregiver who has had one or more 
 sanctions imposed must remain in compliance with the 
 requirements of section 256.741 for six months in order for a 
 subsequent sanction to be considered a first occurrence. 

    Subd. 2a.    Dual sanctions.  (a) Notwithstanding the 
 provisions of subdivisions 1 and 2, for a participant subject to 
 a sanction for refusal to comply with child support requirements 
 under subdivision 2 and subject to a concurrent sanction for 
 refusal to cooperate with other program requirements under 
 subdivision 1, sanctions shall be imposed in the manner 
 prescribed in this subdivision. 

    A participant who has had one or more sanctions imposed 
 under this subdivision must remain in compliance with the 
 provisions of this chapter for six months in order for a 
 subsequent occurrence of noncompliance to be considered a first 
 occurrence.  Any vendor payment of shelter costs or utilities 
 under this subdivision must remain in effect for six months 
 after the month in which the participant is no longer subject to 
 sanction under subdivision 1. 

    (b) If the participant was subject to sanction for: 

    (i) noncompliance under subdivision 1 before being subject 
 to sanction for noncooperation under subdivision 2; or 

    (ii) noncooperation under subdivision 2 before being 
 subject to sanction for noncompliance under subdivision 1, the 
 participant is considered to have a second occurrence of 
 noncompliance and shall be sanctioned as provided in subdivision 
 1, paragraph (d), clause (2).  Each subsequent occurrence of 
 noncompliance shall be considered one additional occurrence and 
 shall be subject to the applicable level of sanction under 
 subdivision 1, paragraph (d), or section 256J.462.  The 
 requirement that the county conduct a review as specified in 
 subdivision 1, paragraph (e), remains in effect. 

    (c) A participant who first becomes subject to sanction 
 under both subdivisions 1 and 2 in the same month is subject to 
 sanction as follows: 

    (i) in the first month of noncompliance and noncooperation, 
 the participant's grant must be reduced by 25 percent of the 
 applicable MFIP standard of need, with any residual amount paid 
 to the participant; 

    (ii) in the second and subsequent months of noncompliance 
 and noncooperation, the participant shall be subject to the 
 applicable level of sanction under subdivision 1, paragraph (d), 
 or section 256J.462. 

    The requirement that the county conduct a review as 
 specified in subdivision 1, paragraph (e), remains in effect. 

    (d) A participant remains subject to sanction under 
 subdivision 2 if the participant: 

    (i) returns to compliance and is no longer subject to 
 sanction under subdivision 1 or section 256J.462; or 

    (ii) has the sanction under subdivision 1, paragraph (d), 
 or section 256J.462 removed upon completion of the review under 
 subdivision 1, paragraph (e). 

    A participant remains subject to the applicable level of 
 sanction under subdivision 1, paragraph (d), or section 256J.462 
 if the participant cooperates and is no longer subject to 
 sanction under subdivision 2. 

    HIST: 1997 c 85 art 1 s 36; 1997 c 245 art 4 s 2; 1998 c 407 
 art 6 s 84-86; 1999 c 245 art 6 s 55-57; 1Sp2001 c 9 art 10 s 
 31,32