2001 Minnesota Statutes

     256J.32 Documenting, verifying, and recertifying 
  eligibility. 

    Subdivision 1.    Verification of information.  A county 
 agency must only require verification of information necessary 
 to determine MFIP-S eligibility and the amount of the assistance 
 payment. 

    Subd. 2.    Documentation.  The applicant or participant 
 must document the information required under subdivisions 4 to 6 
 or authorize the county agency to verify the information.  The 
 applicant or participant has the burden of providing documentary 
 evidence to verify eligibility.  The county agency shall assist 
 the applicant or participant in obtaining required documents 
 when the applicant or participant is unable to do so.  When an 
 applicant or participant and the county agency are unable to 
 obtain documents needed to verify information, the county agency 
 may accept an affidavit from an applicant or participant as 
 sufficient documentation. 

    Subd. 3.    Contacting third parties.  A county agency 
 must not request information about an applicant or participant 
 that is not of public record from a source other than county 
 agencies, the department, or the United States Department of 
 Health and Human Services without the person's prior written 
 consent.  An applicant's signature on an application form 
 constitutes consent for contact with the sources specified on 
 the application.  A county agency may use a single consent form 
 to contact a group of similar sources, such as banks or 
 insurance agencies, but the sources to be contacted must be 
 identified by the county agency prior to requesting an 
 applicant's consent. 

    Subd. 4.    Factors to be verified.  The county agency 
 shall verify the following at application: 

    (1) identity of adults; 

    (2) presence of the minor child in the home, if 
 questionable; 

    (3) relationship of a minor child to caregivers in the 
 assistance unit; 

    (4) age, if necessary to determine MFIP eligibility; 

    (5) immigration status; 

    (6) social security number according to the requirements of 
 section 256J.30, subdivision 12; 

    (7) income; 

    (8) self-employment expenses used as a deduction; 

    (9) source and purpose of deposits and withdrawals from 
 business accounts; 

    (10) spousal support and child support payments made to 
 persons outside the household; 

    (11) real property; 

    (12) vehicles; 

    (13) checking and savings accounts; 

    (14) savings certificates, savings bonds, stocks, and 
 individual retirement accounts; 

    (15) pregnancy, if related to eligibility; 

    (16) inconsistent information, if related to eligibility; 

    (17) medical insurance; 

    (18) burial accounts; 

    (19) school attendance, if related to eligibility; 

    (20) residence; 

    (21) a claim of family violence if used as a basis for a 
 waiver from the 60-month time limit in section 256J.42 and 
 regular employment and training services requirements in section 
 256J.56; 

    (22) disability if used as an exemption from employment and 
 training services requirements under section 256J.56; and 

    (23) information needed to establish an exception under 
 section 256J.24, subdivision 9. 

    Subd. 5. Repealed, 1998 c 407 art 6 s 118 

    Subd. 5a.    Inconsistent information.  When the county 
 agency verifies inconsistent information under subdivision 4, 
 clause (16), or 6, clause (4), the reason for verifying the 
 information must be documented in the financial case record. 

    Subd. 6.    Recertification.  The county agency shall 
 recertify eligibility in an annual face-to-face interview with 
 the participant and verify the following: 

    (1) presence of the minor child in the home, if 
 questionable; 

    (2) income, unless excluded, including self-employment 
 expenses used as a deduction or deposits or withdrawals from 
 business accounts; 

    (3) assets when the value is within $200 of the asset 
 limit; 

    (4) information to establish an exception under section 
 256J.24, subdivision 9, if questionable; and 

    (5) inconsistent information, if related to eligibility.  

    Subd. 7.    Notice to undocumented persons; release of 
 private data.  County agencies in consultation with the 
 commissioner of human services shall provide notification to 
 undocumented persons regarding the release of personal data to 
 the Immigration and Naturalization Service and develop protocol 
 regarding the release or sharing of data about undocumented 
 persons with the Immigration and Naturalization Service as 
 required under sections 404, 434, and 411A of the Personal 
 Responsibility and Work Opportunity Reconciliation Act of 1996.  

    Subd. 7a.    Requirement to report to immigration and 
 naturalization services.  The commissioner shall comply with 
 the reporting requirements under United States Code, title 42, 
 section 611a, and any federal regulation or guidance adopted 
 under that law. 

    HIST: 1997 c 85 art 1 s 21; 1998 c 407 art 6 s 64-66; 1999 c 
 245 art 6 s 36,37; 2000 c 488 art 10 s 9; 1Sp2001 c 9 art 10 s 
 19,20