1997 Minnesota Statutes

     256.048 Income support and transition. 

    Subdivision 1.    Expectations.  The requirement for a 
 caregiver to develop a family support agreement is tied to the 
 structure of the family and the length of time on assistance 
 according to paragraphs (a) to (c). 

    (a) In a family headed by a single adult parental caregiver 
 who has received AFDC, family general assistance, MFIP, or a 
 combination of AFDC, family general assistance, and MFIP 
 assistance for 12 or more months within the preceding 24 months, 
 the parental caregiver must be developing and complying with the 
 terms of the family support agreement commencing with the 13th 
 month of assistance. 

    (b) For a family with a minor parental caregiver or a 
 family whose parental caregiver is 18 or 19 years of age and 
 does not have a high school diploma or its equivalent, the 
 parental caregiver must be developing and complying with a 
 family support agreement concurrent with the receipt of 
 assistance.  The terms of the family support agreement must 
 include compliance with section 256.736, subdivision 3b.  If the 
 parental caregiver fails to comply with the terms of the family 
 support agreement, the sanctions in subdivision 4 apply.  When 
 the requirements in section 256.736, subdivision 3b, have been 
 met, a caregiver has fulfilled the caregiver's obligation.  
 County agencies must continue to offer MFIP-R services if the 
 caregiver wants to continue with an employability plan.  
 Caregivers who fulfill the requirements of section 256.736, 
 subdivision 3b, are subject to the expectations of paragraphs 
 (a) and (c). 

    (c) In a family with two adult parental caregivers, at 
 least one of whom has received AFDC, family general assistance, 
 MFIP, or a combination of AFDC, family general assistance, and 
 MFIP assistance for six or more months within the preceding 12 
 months, one parental caregiver must be developing and complying 
 with the terms of the family support agreement commencing with 
 the seventh month of assistance.  The family and MFIP-R staff 
 will designate the parental caregiver who will develop the 
 family support agreement based on which parent has the greater 
 potential to increase family income through immediate 
 employment.  To the extent of available resources and provided 
 the other caregiver is proficient in English, the commissioner 
 may require that both caregivers in a family with two adult 
 parental caregivers, in which the youngest child has attained 
 the age of six and is not in kindergarten, must be developing or 
 complying with the terms of a family support agreement by the 
 seventh month on assistance.  A caregiver shall be determined 
 proficient in English if the county agency, or its employment 
 and training service provider, determines that the person has 
 sufficient English language capabilities to become suitably 
 employed. 

    If, as of July 1, 1996, the other caretaker is enrolled in 
 a post-secondary education or training program that is limited 
 to one year and can reasonably be expected to lead to 
 employment, that caretaker is exempt from job search and work 
 experience for a period of one year or until the caretaker stops 
 attending the post-secondary program, whichever is shorter. 

    Subd. 2.    Exemptions.  A caregiver is exempt from 
 expectations as provided in paragraphs (a) and (b). 

    (a) Except for clause (4), which applies only for a 
 single-parent family, a caregiver in a single-parent or 
 two-parent family is exempt from the expectations of MFIP-R if 
 the caregiver is: 

    (1) ill, incapacitated, or 60 years of age or older; 

    (2) needed in the home because of the illness or incapacity 
 of another family member; 

    (3) the parent of a child under one year of age and is 
 personally providing care for the child.  This exemption does 
 not apply to the school attendance requirement for minor parents 
 or 18- and 19-year old parents as provided in section 256.736, 
 subdivision 3b, paragraphs (f) and (g); 

    (4) the parent of a child under six years of age and is 
 employed or participating in education or employment and 
 training services for 20 or more hours per week.  This exemption 
 does not apply to the school attendance requirement for minor 
 parents or 18- and 19-year-old parents as provided in section 
 256.736, subdivision 3b, paragraph (f), clause (5); 

    (5) working 30 hours or more per week or, if the number of 
 hours cannot be verified, earns weekly, at least the federal 
 minimum hourly wage rate multiplied by 30; 

    (6) in the second or third trimester of pregnancy; or 

    (7) not the natural parent, adoptive parent, or stepparent 
 of a minor child in the assistance unit. 

    (b) In a two-parent household, only one parent may be 
 exempt under paragraph (a), clause (2) or (3).  If paragraph 
 (a), clause (5), applies to either parent in a two-parent 
 family, the other parent is exempt.  In a two-parent household, 
 if the parent designated to develop a family support agreement 
 becomes exempt and the exemption is expected to last longer than 
 six months, then the second parent is required to develop a 
 family support agreement unless otherwise exempt under paragraph 
 (a). 

    Subd. 3.    Good cause for failure to comply.  
 Caregivers may claim the following reasons as good cause for 
 failure to comply with the expectations of MFIP-R employment and 
 pre-employment services: 

    (1) needed child care is not available; 

    (2) the job does not meet the definition of suitable 
 employment according to section 256.736, subdivision 1a, 
 paragraph (h); 

    (3) the parental caregiver is ill, incapacitated, or 
 injured; 

    (4) a family member is ill and needs care by the parental 
 caregiver; 

    (5) the parental caregiver is unable to secure the 
 necessary transportation; 

    (6) the parental caregiver is in an emergency situation; 

    (7) the schedule of compliance with the family support 
 agreement conflicts with judicial proceedings; 

    (8) the parental caregiver is already participating in 
 acceptable activities; 

    (9) the family support agreement requires an educational 
 program for a parent under the age of 20, but the educational 
 program is not offered in the school district; 

    (10) activities identified in the family support agreement 
 are not available; 

    (11) the parental caregiver is willing to accept suitable 
 employment but employment is not available; 

    (12) the parental caregiver documents other verifiable 
 impediments to compliance with the family support agreement 
 beyond the parental caregiver's control; or 

    (13) the family support agreement requires an educational 
 program for a parent under the age of 20, but the only available 
 school program requires round trip commuting time from the 
 custodial parent's residence of more than two hours by available 
 means of transportation, excluding the time necessary to 
 transport children to and from child care. 

    Subd. 4.    Sanction.  The county agency must reduce an 
 assistance unit's assistance payment by ten percent of the 
 transitional standard for the applicable family size when a 
 caregiver, who is not exempt from the expectations in this 
 section, fails to attend a mandatory briefing, fails to attend 
 scheduled meetings with MFIP-R staff, terminates employment 
 without good cause, or fails to develop or comply with the terms 
 of the caregiver's family support agreement.  MFIP-R staff must 
 send caregivers a notice of intent to sanction.  For the purpose 
 of this section, "notice of intent to sanction" means MFIP-R 
 staff must provide written notification to the caregiver that 
 the caregiver is not fulfilling the requirement to develop or 
 comply with the family support agreement.  This notification 
 must inform the caregiver of the right to request a conciliation 
 conference within ten days of the mailing of the notice of 
 intent to sanction or the right to request a fair hearing under 
 section 256.045.  If a caregiver requests a conciliation 
 conference, the county agency must postpone implementation of 
 the sanction pending completion of the conciliation conference.  
 If the caregiver does not request a conciliation conference 
 within ten calendar days of the mailing of the notice of intent 
 to sanction, the MFIP-R staff must notify the county agency that 
 the assistance payment should be reduced. 

    Upon notification from MFIP-R staff that an assistance 
 payment should be reduced, the county agency must send a notice 
 of adverse action to the caregiver stating that the assistance 
 payment will be reduced in the next month following the ten-day 
 notice requirement and state the reason for the action.  For the 
 purpose of this section, "notice of adverse action" means the 
 county agency must send a notice of sanction, reduction, 
 suspension, denial, or termination of benefits before taking any 
 of those actions.  The caregiver may request a fair hearing 
 under section 256.045, upon notice of intent to sanction or 
 notice of adverse action, but the conciliation conference is 
 available only upon notice of intent to sanction. 

    Subd. 5.    Orientation.  The county agency must provide 
 a financial assistance orientation which supplies information to 
 caregivers about the MFIP-R and must encourage parental 
 caregivers to engage in activities to stabilize the family and 
 lead to employment and self-support. 

    Subd. 6.    Pre-employment and employment services.  The 
 county agency must provide services identified in clauses (1) to 
 (10).  Services include: 

    (1) a required briefing for all nonmandatory caregivers 
 assigned to MFIP-R, which includes a review of the information 
 presented at an earlier MFIP-R orientation pursuant to 
 subdivision 5, and an overview of services available under 
 MFIP-R pre-employment and employment services, an overview of 
 job search techniques, and the opportunity to volunteer for 
 MFIP-R job search activities and basic education services; 

    (2) a briefing for all mandatory caregivers assigned to 
 MFIP-R, which includes a review of the information presented at 
 an earlier MFIP-R orientation pursuant to subdivision 5, and an 
 overview of services available under MFIP-R pre-employment and 
 employment services; 

    (3) an MFIP assessment that meets the requirements of 
 section 256.736, subdivision 10, paragraph (a), clause (14), and 
 addresses caregivers' skills, abilities, interests, and needs; 

    (4) development, together with the caregiver, of an 
 employability plan and family support agreement according to 
 subdivision 7; 

    (5) coordination of services including child care, 
 transportation, education assistance, and social services 
 necessary to enable caregivers to fulfill the terms of the 
 employability plan and family support agreement; 

    (6) provision of intensive ESL classes; 

    (7) provision of a broad range of employment and 
 pre-employment services including basic skills testing, interest 
 and aptitude testing, career exploration, job search activities, 
 community work experience program under section 256.737, or 
 on-the-job training under section 256.738; 

    (8) evaluation of the caregiver's compliance with the 
 employability plan and family support agreement and support and 
 recognition of progress toward employment goals; 

    (9) provision of postemployment follow-up for up to six 
 months after caregivers become exempt or exit MFIP-R due to 
 employment if requested by the caregiver; and 

    (10) approval of education and training program activities. 

    Subd. 7.    Employability plan and family support 
 agreement.  (a) The caregiver and MFIP-R staff will develop an 
 employability plan and family support agreement.  The 
 employability plan includes the caregiver's overall employment 
 goal, activities necessary to reach that goal, a timeline for 
 each activity, and the support services provided by the agency.  
 All activities in the employability plan must contribute to the 
 caregiver's overall employment goal. 

    (b) The family support agreement is the enforceable section 
 of an employability plan for mandatory caregivers.  The family 
 support agreement must be limited to employment, education, or 
 employment and training services, and scheduled meetings with 
 MFIP-R staff.  The family support agreement must be signed by 
 both an MFIP-R staff and the parental caregiver.  

    (1) In developing an employability plan and family support 
 agreement, MFIP-R staff must discuss with the caregiver the 
 economic benefits under MFIP of taking available employment.  
 MFIP-R staff must provide examples of how different levels of 
 earnings increase available income. 

    (2) Activities in the family support agreement must enhance 
 the family's opportunities to increase its income in a timely 
 manner through paid employment. 

    (3) Each step of the family support agreement shall build 
 upon prior steps and facilitate progress toward the caregiver's 
 overall employment goal. 

    (4) Social services, such as mental health or chemical 
 dependency services, parenting education, or budget management, 
 can be included in the employability plan but not in the family 
 support agreement and are not subject to sanctions under 
 subdivision 4. 

    (5) The family support agreement must state the parental 
 caregiver's obligations and the standards for satisfactory 
 compliance with the requirements of MFIP-R.  

    Subd. 8.    Requirement to attend briefing.  All MFIP-R 
 caregivers are required to attend a mandatory briefing which 
 includes a review of the information presented at an earlier 
 MFIP-R orientation pursuant to subdivision 5, and an overview of 
 services available under MFIP-R pre-employment and employment 
 services. 

    Subd. 9.    Requirement to participate in job search.  
 The family support agreement for mandatory caregivers will 
 include 30 hours per week of job search activity.  The family 
 support agreement for single parental caregivers with a child 
 under the age of six may require no more than 20 hours of job 
 search activity.  Job search requirements do not apply to minor 
 parental caregivers and parental caregivers under the age of 20 
 who must meet the educational requirement under section 256.736, 
 subdivision 3b. 

    Subd. 10.    Length of job search.  Caregivers 
 participating in job search shall have eight weeks to find 
 employment which is consistent with the employment goal in the 
 family support agreement.  If after eight weeks of job search 
 the parental caregiver does not find employment consistent with 
 the overall employment goal, the caregiver must accept any 
 suitable employment. 

    Subd. 11.    Level of employment.  Caregivers 
 participating in job search are expected to seek and accept 
 full-time employment.  Any caregiver satisfies this requirement 
 by working at least 30 hours per week.  Single parents with a 
 child under the age of six satisfy the requirement by working at 
 least 20 hours per week. 

    Subd. 12.    Cessation of employment.  Mandatory 
 caregivers who quit a job, are laid off, or are terminated must 
 contact MFIP-R staff within ten calendar days of the date the 
 employment ended to schedule a meeting to revise the family 
 support agreement to incorporate job search activities to obtain 
 suitable employment.  A caregiver who fails to contact MFIP-R 
 staff within ten calendar days, fails to attend a scheduled 
 meeting to revise the family support agreement, or fails to 
 accept an offer of suitable employment is subject to sanctions 
 under subdivision 4. 

    Subd. 13.    Education and training activities; basic 
 education.  Basic education, including adult basic education, 
 high school or general equivalency diploma may be included in 
 the family support agreement when a caregiver is actively 
 participating in job search activities as specified in the 
 family support agreement, or employed at least 12 hours per 
 week.  The concurrent work requirement for basic education does 
 not apply to caregivers under subdivision 1, paragraph (b), who 
 are attending secondary school full time.  Six months of basic 
 education activities may be included in the family support 
 agreement, and extension of basic education activities, 
 including intensive ESL, is contingent upon review and approval 
 by MFIP-R staff.  

    Non-English-speaking caregivers have the option to 
 participate in intensive ESL activities for up to six months 
 with approval of MFIP-R staff, provided the caregiver also works 
 or participates in job search.  For caregivers participating in 
 intensive ESL, hours spent in intensive ESL, employment, and job 
 search must equal at least 30 hours per week, or 20 hours per 
 week for a single parent caregiver with a child under age six. 

    Subd. 14.    Education and training activities; 
 post-secondary education.  (a) Mandatory caregivers, mandatory 
 caregivers who become exempt, and caregivers converted from 
 STRIDE or ACCESS may have post-secondary education included in 
 the family support agreement.  For individuals who are 
 participating in an educational program under this paragraph on 
 a full-time basis as determined by the institution, there is no 
 work requirement.  For individuals participating in an 
 educational program on a part-time basis as determined by the 
 institution, the minimum number of hours that a participant must 
 work shall be increased or decreased in inverse proportion to 
 the number of credit hours being taken, up to a maximum of 12 
 hours weekly of work.  

    (b) Conditions for approval of a post-secondary education 
 program include demonstration by the caregiver that: 

    (1) there is a market for full-time employees with this 
 education or training where the caregiver will or is willing to 
 reside upon completion of the program; 

    (2) the average wage level for employees with this 
 education or training is significantly greater than the 
 caregiver can earn without this education or training; 

    (3) the caregiver can meet the requirements for admission 
 into the program; and 

    (4) there is a reasonable expectation that the caregiver 
 will complete the training program based on such factors as the 
 caregiver's current MFIP assessment; previous education, 
 training, and work history; current motivation; and changes in 
 previous circumstances. 

    (c) A comparison must be made between income foregone by 
 delaying immediate entry into full-time paid employment while in 
 pursuit of education or training and the probable income which 
 will be earned following the education or training.  The 
 advantages and disadvantages to the family must be discussed 
 with respect to both options. 

    (d) Activities under this subdivision are limited to the 
 equivalent of two years of full-time education, with the 
 following exceptions: 

    (1) caregivers in subdivision 15; 

    (2) caregivers who have already obtained a post-secondary 
 degree.  These caregivers are limited to course work necessary 
 to upgrade skills, or obtain licensure or certification; 

    (3) extenuating circumstances that prohibit the caregiver 
 from completing the program within the equivalent of two years; 
 or 

    (4) the education activities may be part of a four-year 
 education program provided the family support agreement 
 specifies that the employment goal will be met at the time the 
 caregiver completes the equivalent of two years of full-time 
 education or that the caregiver will participate in activities 
 leading to the employment goal following completion of the two 
 years of full-time education. 

    (e) Caregivers in education or training programs must 
 maintain satisfactory progress.  "Satisfactory progress" in an 
 education or training program means the caregiver remains in 
 good standing as defined by the education or training 
 institution and meets the requirements in the caregiver's MFIP-R 
 employability plan.  MFIP-R staff may withdraw approval of the 
 caregiver's employability plan when the caregiver does not 
 maintain satisfactory progress in the education or training 
 program. 

    Subd. 15.    Converted STRIDE and ACCESS cases.  
 Caregivers with an employability plan from STRIDE or ACCESS must 
 develop an MFIP-R employability plan.  With approval of the 
 MFIP-R staff, the family support agreement for caregivers under 
 this section may include continuation of educational activities, 
 up to a baccalaureate degree, if initiated under STRIDE or 
 ACCESS.  Caregivers who continue these activities must also 
 participate in job search or work at least 12 hours per week. 

    Subd. 16.    Revisions to family support agreement.  The 
 caregiver may revise the family support agreement with approval 
 of MFIP-R staff.  

    Subd. 17.    Volunteers for MFIP-R pre-employment and 
 employment services.  (a) Upon request, local agencies must 
 continue to offer MFIP-R services to:  

    (1) caregivers with a signed family support agreement who 
 become exempt under subdivision 2; and 

    (2) caregivers randomly assigned to MFIP during the 
 conversion period who have an active STRIDE or ACCESS plan. 

    (b) County agencies must also service the following 
 caregivers, as funding allows: 

    (1) second parent in a two-parent family; and 

    (2) caregivers who have not reached the timing for 
 mandatory participation. 

    (c) Volunteers under paragraph (a) may access all MFIP-R 
 services.  Volunteers under paragraph (b), clause (1), may 
 access MFIP-R job search and basic education services only.  
 Volunteers under paragraph (b), clause (2), may access only 
 MFIP-R job search services.  

    (d) Caregivers identified in this subdivision are voluntary 
 participants for MFIP-R pre-employment and employment services 
 and may not be sanctioned for failure to cooperate unless they 
 reach the timing of MFIP-R pre-employment and employment 
 services under subdivision 6, or are no longer exempt under 
 subdivision 2. 

    Subd. 18.    Conciliation.  The county agency must 
 inform the mandatory parental caregiver of the option of a 
 conciliation conference when the mandatory parental caregiver 
 receives a notice of intent to sanction or cannot reach 
 agreement with MFIP-R staff about the contents or interpretation 
 of the family support agreement. 

    Conciliation procedures shall be available as provided in 
 section 256.736, subdivision 11, paragraph (c).  Upon receiving 
 a notice of intent to sanction, a caregiver may request a 
 hearing under section 256.045 without exercising the option of a 
 conciliation conference. 

    Subd. 19.    Child care.  The commissioner shall ensure 
 that each MFIP caregiver who is employed or is developing or is 
 engaged in activities identified in an employability plan under 
 subdivision 7, and who needs assistance with child care costs to 
 be employed or to develop or comply with the terms for an 
 employability plan, receives a child care subsidy through child 
 care money appropriated for the MFIP.  The subsidy must cover 
 all actual child care costs for eligible hours up to the maximum 
 rate allowed under section 119B.13.  A caregiver who is in the 
 assistance unit and leaves the program as a result of increased 
 earnings from employment, and needs child care assistance to 
 remain employed, is entitled to extended child care assistance 
 as provided under United States Code, title 42, section 
 602(g)(1)(a)(ii), on a copayment basis. 

    Subd. 20.    Health care.  A family leaving the program 
 as a result of increased earnings from employment is eligible 
 for extended medical assistance as provided under Public Law 
 Number 100-485, section 303, as amended, and Public Law Number 
 101-239, section 8015(b)(7). 

    HIST: 1995 c 178 art 7 s 3; 1996 c 465 art 3 s 8-11