1997 Minnesota Statutes

     256J.52 Assessments; plans. 

    Subdivision 1.    Application limited to certain 
 participants.  This section applies to participants receiving 
 MFIP-S assistance who are not exempt under section 256J.56, and 
 to caregivers who volunteer for employment and training services 
 under section 256J.50. 

    Subd. 2.    Initial assessment.  (a) The job counselor 
 must, with the cooperation of the participant, assess the 
 participant's ability to obtain and retain employment.  This 
 initial assessment must include a review of the participant's 
 education level, prior employment or work experience, 
 transferable work skills, and existing job markets. 

    (b) In assessing the participant, the job counselor must 
 determine if the participant needs refresher courses for 
 professional certification or licensure, in which case, the job 
 search plan under subdivision 3 must include the courses 
 necessary to obtain the certification or licensure, in addition 
 to other work activities, provided the combination of the 
 courses and other work activities are at least for 40 hours per 
 week.  

    (c) If a participant can demonstrate to the satisfaction of 
 the county agency that lack of proficiency in English is a 
 barrier to obtaining suitable employment, the job counselor must 
 include participation in an intensive English as a second 
 language program if available or otherwise a regular English as 
 a second language program in the individual's employment plan 
 under subdivision 5.  Lack of proficiency in English is not 
 necessarily a barrier to employment.  

    (d) The job counselor may approve an education or training 
 plan, and postpone the job search requirement, if the 
 participant has a proposal for an education program which: 

    (1) can be completed within 12 months; 

    (2) meets the criteria of section 256J.53, subdivisions 2, 
 3, and 5; and 

    (3) is likely, without additional training, to lead to 
 monthly employment earnings which, after subtraction of the 
 earnings disregard under section 256J.21, equal or exceed the 
 family wage level for the participant's assistance unit. 

    (e) A participant who, at the time of the initial 
 assessment, presents a plan that includes farming as a 
 self-employed work activity must have an employment plan 
 developed under subdivision 5 that includes the farming as an 
 approved work activity. 

    Subd. 3.    Job search; job search support plan.  (a) 
 If, after the initial assessment, the job counselor determines 
 that the participant possesses sufficient skills that the 
 participant is likely to succeed in obtaining suitable 
 employment, the participant must conduct job search for a period 
 of up to eight weeks, for at least 30 hours per week.  The 
 participant must accept any offer of suitable employment.  The 
 job counselor and participant must develop a job search support 
 plan which specifies, at a minimum:  whether the job search is 
 to be supervised or unsupervised; support services that will be 
 provided while the participant conducts job search activities; 
 the courses necessary to obtain certification or licensure, if 
 applicable, and after obtaining the license or certificate, the 
 client must comply with subdivision 5; and how frequently the 
 participant must report to the job counselor on the status of 
 the participant's job search activities.  

    (b) During the eight-week job search period, either the job 
 counselor or the participant may request a review of the 
 participant's job search plan and progress towards obtaining 
 suitable employment.  If a review is requested by the 
 participant, the job counselor must concur that the review is 
 appropriate for the participant at that time.  If a review is 
 conducted, the job counselor may make a determination to conduct 
 a secondary assessment prior to the conclusion of the job search.

    (c) Failure to conduct the required job search, to accept 
 any offer of suitable employment, to develop or comply with a 
 job search support plan, or voluntarily quitting suitable 
 employment without good cause results in the imposition of a 
 sanction under section 256J.46.  If at the end of eight weeks 
 the participant has not obtained suitable employment, the job 
 counselor must conduct a secondary assessment of the participant 
 under subdivision 3. 

    Subd. 4.    Secondary assessment.  (a) The job counselor 
 must conduct a secondary assessment for those participants who: 

    (1) in the judgment of the job counselor, have barriers to 
 obtaining employment that will not be overcome with a job search 
 support plan under subdivision 3; 

    (2) have completed eight weeks of job search under 
 subdivision 3 without obtaining suitable employment; or 

    (3) have not received a secondary assessment, are working 
 at least 20 hours per week, and the participant, job counselor, 
 or county agency requests a secondary assessment. 

    (b) In the secondary assessment the job counselor must 
 evaluate the participant's skills and prior work experience, 
 family circumstances, interests and abilities, need for 
 preemployment activities, supportive or educational services, 
 and the extent of any barriers to employment.  The job counselor 
 must use the information gathered through the secondary 
 assessment to develop an employment plan under subdivision 5. 

    (c) The provider shall make available to participants 
 information regarding additional vendors or resources which 
 provide employment and training services that may be available 
 to the participant under a plan developed under this section.  
 The information must include a brief summary of services 
 provided and related performance indicators.  Performance 
 indicators must include, but are not limited to, the average 
 time to complete program offerings, placement rates, entry and 
 average wages, and retention rates.  To be included in the 
 information given to participants, a vendor or resource must 
 provide counties with relevant information in the format 
 required by the county. 

    Subd. 5.    Employment plan; contents.  Based on the 
 secondary assessment under subdivision 4, the job counselor and 
 the participant must develop an employment plan for the 
 participant that includes specific activities that are tied to 
 an employment goal and a plan for long-term self-sufficiency, 
 and that is designed to move the participant along the most 
 direct path to unsubsidized employment.  The employment plan 
 must list the specific steps that will be taken to obtain 
 employment and a timetable for completion of each of the steps.  
 As part of the development of the participant's employment plan, 
 the participant shall have the option of selecting from among 
 the vendors or resources that the job counselor determines will 
 be effective in supplying one or more of the services necessary 
 to meet the employment goals specified in the participant's plan.
 In compiling the list of vendors and resources that the job 
 counselor determines would be effective in meeting the 
 participant's employment goals, the job counselor must determine 
 that adequate financial resources are available for the vendors 
 or resources ultimately selected by the participant.  The job 
 counselor and the participant must sign the developed plan to 
 indicate agreement between the job counselor and the participant 
 on the contents of the plan.  

    Subd. 6.    Safety plan.  Notwithstanding subdivisions 1 
 to 5, a participant who is a victim of domestic violence and who 
 agrees to develop or has developed a safety plan meeting the 
 definition under section 256J.49, subdivision 11, is deferred 
 from the requirements of this section, sections 256J.54, and 
 256J.55 for a period of three months from the date the safety 
 plan is approved.  A participant deferred under this subdivision 
 must submit a safety plan status report to the county agency on 
 a quarterly basis.  Based on a review of the status report, the 
 county agency may approve or renew the participant's deferral 
 each quarter, provided the personal safety of the participant is 
 still at risk and the participant is complying with the plan.  A 
 participant who is deferred under this subdivision may be 
 deferred for a total of 12 months under a safety plan, provided 
 the individual is complying with the terms of the plan. 

    Subd. 7.    Revision of plan.  If the employee has lost 
 or quit a job with good cause, the job counselor must ascertain 
 the reason for the job loss and work with the participant to 
 amend the job search support plan or employment plan, whichever 
 is in effect, as necessary to address the problem.  If a job 
 search support plan is in effect, the participant, county 
 agency, or job counselor may request a secondary assessment at 
 this time. 

    HIST: 1997 c 85 art 1 s 43; 1997 c 245 art 4 s 3,4