1999 Minnesota Statutes

     268.871 Local delivery. 

    Subdivision 1.    Responsibility and certification.  (a) 
 Unless prohibited by federal law or otherwise determined by 
 state law, a local service unit is responsible for the delivery 
 of employment and training services.  After February 1, 1988, 
 employment and training services must be delivered by certified 
 employment and training service providers.  

    (b) The local service unit's employment and training 
 service provider must meet the certification standards in this 
 subdivision in order to be certified to deliver any of the 
 following employment and training services and programs:  wage 
 subsidies; general assistance grant diversion; food stamp 
 employment and training programs; community work experience 
 programs; MFIP job search; MFIP grant diversion; MFIP on-the-job 
 training; and MFIP case management.  

    (c) The commissioner shall certify a local service unit's 
 service provider to provide these employment and training 
 services and programs if the commissioner determines that the 
 provider has:  

    (1) past experience in direct delivery of the programs 
 specified in paragraph (b); 

    (2) staff capabilities and qualifications, including 
 adequate staff to provide timely and effective services to 
 clients, and proven staff experience in providing specific 
 services such as assessments, career planning, job development, 
 job placement, support services, and knowledge of community 
 services and educational resources; 

    (3) demonstrated effectiveness in providing services to 
 public assistance recipients and other economically 
 disadvantaged clients; and 

    (4) demonstrated administrative capabilities, including 
 adequate fiscal and accounting procedures, financial management 
 systems, participant data systems, and record retention 
 procedures. 

    (d) When the only service provider that meets the criterion 
 in paragraph (c), clause (1), has been decertified, according to 
 subdivision 1a, in that local service unit, the following 
 criteria shall be substituted:  past experience in direct 
 delivery of multiple, coordinated, nonduplicative services, 
 including outreach, assessments, identification of client 
 barriers, employability development plans, and provision or 
 referral to support services. 

    Subd. 1a.    Decertification.  (a) The department, on 
 its own initiative, or at the request of the local service unit, 
 shall begin decertification processes for employment and 
 training service providers who: 

    (1) no longer meet one or more of the certification 
 standards; 

    (2) are delivering services in a manner that does not 
 comply with the Family Support Act of 1988, Public Law Number 
 100-485 or relevant state law after corrective actions have been 
 cited, technical assistance has been provided, and a reasonable 
 period of time for remedial action has been provided; or 

    (3) are not complying with other state and federal laws or 
 policy which are necessary for effective delivery of services. 

    (b) The initiating of decertification processes shall not 
 result in decertification of the service provider unless and 
 until adequate fact-finding and investigation has been performed 
 by the department. 

    Subd. 2.    Contracting responsibility.  A local service 
 unit must contract with certified employment and training 
 service providers that can effectively coordinate federal, 
 state, and local employment and training services; that can 
 maximize use of available federal and other nonstate funds; and 
 that have demonstrated the ability to achieve effective results 
 in serving public assistance clients as well as other unemployed 
 people.  

    Subd. 3.    Enforcement.  The local service units shall 
 provide for the enforcement of employment and training 
 requirements for appropriate recipients of public assistance, 
 and must include provisions for enforcing the requirements in 
 any contracts with providers under subdivisions 1 and 2. 

    Subd. 4.    Location of staff.  (a) In establishing a 
 contract, the county shall agree to colocate, where feasible, 
 income maintenance and social service staff as necessary to 
 accept applications and determine eligibility, monitor ongoing 
 client eligibility, and authorize services and grants available 
 under programs administered by the county or local service unit 
 that are related to employment and training or the client's 
 successful participation in employment and training activities. 

    (b) The commissioner shall colocate, where feasible, 
 sufficient staff to make the services provided through the 
 department of economic security and the programs it administers 
 or supervises available to clients being served by the local 
 service unit or the contract agency. 

    (c) The commissioner has emergency and permanent rulemaking 
 authority to implement this section and shall establish the 
 circumstances under which the requirements for colocation may be 
 waived. 

    Subd. 5. Repealed, 1999 c 159 s 154 

    HIST: 1Sp1985 c 9 art 2 s 103; 1Sp1985 c 14 art 9 s 67; 1987 c 
 403 art 3 s 55-57; 1987 c 403 art 2 s 143; 1989 c 282 art 5 s 
 126; 1990 c 568 art 4 s 74-76; 1993 c 306 s 17; 1994 c 483 s 1; 
 1997 c 85 art 4 s 31; 1999 c 159 s 123