2001 Minnesota Statutes

     256J.52 Assessments; plans. 

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

    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 24 months; and 

    (2) meets the criteria of section 256J.53, subdivisions 1, 
 2, 3, and 5. 

    (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.  Upon 
 agreement by the job counselor and the participant, a job search 
 support plan may limit a job search to jobs that are consistent 
 with the participant's employment goal.  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.  The job search support 
 plan must also specify that the participant fulfill no more than 
 half of the required hours of job search through attending adult 
 basic education or English as a second language classes, if one 
 or both of those activities are approved by the job counselor. 

    (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. 

    (d) In order for an English as a second language (ESL) 
 class to be an approved work activity, a participant must be at 
 or below a spoken language proficiency level of SPL5 or its 
 equivalent, as measured by a nationally recognized test.  A 
 participant may not be approved for more than a total of 24 
 months of ESL activities while participating in the employment 
 and training services component of MFIP.  In approving ESL as a 
 work activity, the job counselor must give preference to 
 enrollment in an intensive ESL program, if one is available, 
 over a regular ESL program.  If an intensive ESL program is 
 approved, the restriction in paragraph (a) that no more than 
 half of the required hours of job search is fulfilled through 
 attending ESL classes does not apply. 

    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; 

    (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; or 

    (4) have an existing job search plan or employment plan 
 developed for another program or are already involved in 
 training or education activities under section 256J.55, 
 subdivision 5. 

    (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.  Failure to 
 complete a secondary assessment shall result in the imposition 
 of a sanction as specified in sections 256J.46 and 256J.57.  The 
 job counselor must use the information gathered through the 
 secondary assessment to develop an employment plan under 
 subdivision 5. 

    (c) The job counselor may require the participant to 
 complete a professional chemical use assessment to be performed 
 according to the rules adopted under section 254A.03, 
 subdivision 3, including provisions in the administrative rules 
 which recognize the cultural background of the participant, or a 
 professional psychological assessment as a component of the 
 secondary assessment, when the job counselor has a reasonable 
 belief, based on objective evidence, that a participant's 
 ability to obtain and retain suitable employment is impaired by 
 a medical condition.  The job counselor may ensure that 
 appropriate services, including child care assistance and 
 transportation, are available to the participant to meet needs 
 identified by the assessment.  Data gathered as part of a 
 professional assessment must be classified and disclosed 
 according to the provisions in section 13.46. 

    (d) 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.  
 At a minimum, the provider must make available information on 
 the following resources:  business and higher education 
 partnerships operated under the Minnesota job skills 
 partnership, community and technical colleges, adult basic 
 education programs, and services offered by vocational 
 rehabilitation programs.  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.  (a) 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. 
 Upon agreement by the job counselor and the participant, the 
 employment plan may limit a job search to jobs that are 
 consistent with the participant's employment goal. 

    (b) 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. 

    (c) In order for an English as a second language (ESL) 
 class to be an approved work activity, a participant must be at 
 or below a spoken language proficiency level of SPL5 or its 
 equivalent, as measured by a nationally recognized test.  A 
 participant may not be approved for more than a total of 24 
 months of ESL activities while participating in the employment 
 and training services component of MFIP.  In approving ESL as a 
 work activity, the job counselor must give preference to 
 enrollment in an intensive ESL program, if one is available, 
 over a regular ESL program. 

    (d) 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. 5a.    Basic education activities in plan.  
 Participants with low skills in reading or mathematics who are 
 proficient only at or below an eighth-grade level must be 
 allowed to include basic education activities in a job search 
 support plan or an employment plan, whichever is applicable. 

    Subd. 6.    Alternative employment plan and family 
 violence waiver provisions.  Participants who have a safety 
 plan under section 256J.49, subdivision 11, prior to October 1, 
 2001, will have that plan converted to an alternative employment 
 plan upon their plan renewal date.  An alternative employment 
 plan must be reviewed at the end of the first six months to 
 determine if the activities contained in the alternative 
 employment plan are still appropriate.  It is the responsibility 
 of the county or a job counselor to contact the participant and 
 notify the participant that the plan is up for review and 
 document whether the participant wishes to renew the plan.  If 
 the participant does not wish to renew the plan, or if the 
 participant fails to respond after reasonable efforts to contact 
 the participant are made by the county or a job counselor, the 
 participant must participate in regular employment services 
 activities.  If the participant requests renewal of the plan or 
 if there is a dispute over whether the plan is still 
 appropriate, the participant must receive the assistance of a 
 person trained in domestic violence.  If the person trained in 
 domestic violence recommends that the activities are still 
 appropriate, the county or a job counselor must renew the 
 alternative employment plan or provide written reasons why the 
 plan is not approved and document how denial of the plan renewal 
 does not interfere with the safety of the participant or 
 children.  If the person trained in domestic violence recommends 
 that the activities are no longer appropriate, the plan must be 
 revised with the assistance of a person trained in domestic 
 violence.  The county or a job counselor must approve the 
 revised plan or provide written reasons why the plan is not 
 approved and document how denial of the plan renewal does not 
 interfere with the safety of the participant or children.  After 
 the first six months reviews may take place quarterly.  During 
 the time a participant is cooperating with the development or 
 revision of an alternative employment plan, the participant is 
 not subject to a sanction for noncompliance with regular 
 employment services activities.  

    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. 

    Subd. 8.    Administrative support for postemployment 
 education and training.  After a caregiver receiving MFIP-S 
 has been employed for six consecutive months, during which time 
 the caregiver works on average more than 20 hours per week, the 
 caregiver's job counselor shall inform the caregiver that the 
 caregiver may request a secondary assessment described in 
 subdivision 4 and shall provide information about: 

    (1) part-time education and training options available to 
 the caregiver; and 

    (2) child care and transportation resources available to 
 support postemployment education and training. 

    Subd. 9.    Training concurrent with employment.  An 
 MFIP caregiver who is meeting the minimum hourly work 
 participation requirements under the Personal Responsibility and 
 Work Opportunity Reconciliation Act of 1996 through employment 
 must be allowed to meet any additional MFIP-S hourly work 
 participation requirements through training or education that 
 meets the requirements of section 256J.53. 

    HIST: 1997 c 85 art 1 s 43; 1997 c 245 art 4 s 3,4; 1998 c 407 
 art 6 s 95-97; 1999 c 245 art 6 s 63-67; 2000 c 488 art 10 s 
 19,20; 1Sp2001 c 9 art 10 s 43,44