2001 Minnesota Statutes

     256J.47 Diversionary assistance program. 

    Subdivision 1.    Eligibility.  A family is eligible to 
 receive diversionary assistance once every 12 months if: 

    (1) a family member has resided in this state for at least 
 30 days; 

    (2) the caregiver provides verification that the caregiver 
 has either experienced an unexpected occurrence that makes it 
 impossible to retain or obtain employment or the caregiver has a 
 temporary loss of income, which is not due to refusing to accept 
 or terminating suitable employment as defined in section 
 256J.49, without good cause under section 256J.57, resulting in 
 an emergency; 

    (3) the caregiver is at risk of MFIP-S eligibility if 
 diversionary assistance is not provided and household income is 
 below 200 percent of the federal poverty guidelines; and 

    (4) the diversionary assistance will resolve the emergency 
 and divert the family from applying for MFIP-S. 

    For purposes of this section, diversionary assistance means 
 a one-time lump-sum payment to an individual or third-party 
 vendor to prevent long-term receipt of public assistance. 

    Subd. 2.    County agency duties.  County agencies shall:

    (1) thoroughly explain to the caregiver the consequences of 
 receiving diversionary assistance, specifically the resulting 
 period of ineligibility under subdivision 4 for other assistance 
 programs; and 

    (2) determine eligibility for diversionary assistance 
 within five working days of the receipt of the verification that 
 substantiates eligibility or ineligibility.  Verification means 
 client declaration and the best determination of the county 
 agency. 

    Subd. 3.    Maximum amount of assistance.  The maximum 
 amount of diversionary assistance that may be provided to a 
 family is equal to the amount of the MFIP-S transitional 
 standard for the same family size and composition for four 
 months.  The assistance provided under this program must be 
 based on the immediate needs of the family.  Counties must 
 strive to provide the most cost-effective solution to the 
 one-time emergency.  Diversionary assistance is not cost 
 effective if the family's anticipated income added to the 
 diversion payment will not be sufficient to cover the family's 
 immediate needs for the period of ineligibility under 
 subdivision 4, beginning with the month of application, or 
 another emergency can reasonably be anticipated within the 
 period of ineligibility. 

    Subd. 4.    Ineligibility for MFIP; emergency assistance; 
 and emergency general assistance.  Upon receipt of 
 diversionary assistance, the family is ineligible for MFIP, 
 emergency assistance, and emergency general assistance for a 
 period of time.  To determine the period of ineligibility, the 
 county shall use the following formula:  regardless of household 
 changes, the county agency must calculate the number of days of 
 ineligibility by dividing the diversionary assistance issued by 
 the MFIP standard of need a family of the same size and 
 composition would have received under MFIP multiplied by 30, 
 truncating the result.  The ineligibility period begins the date 
 the diversionary assistance is issued. 

    Subd. 5.    Diversionary assistance grant; funding.  The 
 commissioner shall distribute diversionary assistance grants to 
 counties.  The commissioner may use federal block grant funding 
 or state funding for the grants. 

    HIST: 1997 c 85 art 1 s 37; 1998 c 407 art 6 s 87; 1999 c 245 
 art 6 s 58; 2000 c 488 art 10 s 15