1997 Minnesota Statutes

     256J.12 Minnesota residence. 

    Subdivision 1.    Simple residency.  To be eligible for 
 AFDC or MFIP-S, whichever is in effect, a family must have 
 established residency in this state which means the family is 
 present in the state and intends to remain here. 

    Subd. 1a.    30-day residency requirement.  A family is 
 considered to have established residency in this state only when 
 a child or caregiver has resided in this state for at least 30 
 days with the intention of making the person's home here and not 
 for any temporary purpose.  Time spent in a shelter for battered 
 women shall count toward satisfying the 30-day residency 
 requirement. 

    Subd. 2.    Exceptions.  (a) A county shall waive the 
 30-day residency requirement where unusual hardship would result 
 from denial of assistance. 

    (b) For purposes of this section, unusual hardship means a 
 family: 

    (1) is without alternative shelter; or 

    (2) is without available resources for food. 

    (c) For purposes of this subdivision, the following 
 definitions apply (1) "metropolitan statistical area" is as 
 defined by the U.S. Census Bureau; (2) "alternative shelter" 
 includes any shelter that is located within the metropolitan 
 statistical area containing the county and for which the family 
 is eligible, provided the family does not have to travel more 
 than 20 miles to reach the shelter and has access to 
 transportation to the shelter.  Clause (2) does not apply to 
 counties in the Minneapolis-St. Paul metropolitan statistical 
 area. 

    Subd. 2a.    Migrant workers.  Migrant workers, as 
 defined in section 256J.08, and their immediate families are 
 exempt from the requirements of subdivisions 1 and 1a, provided 
 the migrant worker provides verification that the migrant family 
 worked in this state within the last 12 months and earned at 
 least $1,000 in gross wages during the time the migrant worker 
 worked in this state. 

    Subd. 3.    Payment plan for new residents.  Assistance 
 paid to an eligible family in which all members have resided in 
 this state for fewer than 12 consecutive calendar months 
 immediately preceding the date of application shall be at the 
 standard and in the form specified in section 256J.43. 

    Subd. 4.    Severability clause.  If any subdivision in 
 this section is enjoined from implementation or found 
 unconstitutional by any court of competent jurisdiction, the 
 remaining subdivisions shall remain valid and shall be given 
 full effect. 

    HIST: 1997 c 85 art 1 s 8; 1997 c 203 art 12 s 8