2002 Minnesota Statutes

     256J.425 Hardship extensions. 

    Subdivision 1.    Eligibility.  To be eligible for a 
 hardship extension, a participant in an assistance unit subject 
 to the time limit under section 256J.42, subdivision 1, in which 
 any participant has received 60 counted months of assistance, 
 must be in compliance in the month the participant is applying 
 for the extension.  For purposes of determining eligibility for 
 a hardship extension, a participant is in compliance in any 
 month that the participant has not been sanctioned. 

    Subd. 1a.    Review.  If a county grants a hardship 
 extension under this section, a county agency shall review the 
 case every six or 12 months, whichever is appropriate based on 
 the participant's circumstances and the extension category. 

    Subd. 2.    Ill or incapacitated.  (a) An assistance 
 unit subject to the time limit in section 256J.42, subdivision 
 1, in which any participant has received 60 counted months of 
 assistance, is eligible to receive months of assistance under a 
 hardship extension if the participant belongs to any of the 
 following groups: 

    (1) participants who are suffering from a professionally 
 certified illness, injury, or incapacity which is expected to 
 continue for more than 30 days and which prevents the person 
 from obtaining or retaining employment and who are following the 
 treatment recommendations of the health care provider certifying 
 the illness, injury, or incapacity; 

    (2) participants whose presence in the home is required as 
 a caregiver because of a professionally certified illness or 
 incapacity of another member in the assistance unit, a relative 
 in the household, or a foster child in the household and the 
 illness or incapacity is expected to continue for more than 30 
 days; or 

    (3) caregivers with a child or an adult in the household 
 who meets the disability or medical criteria for home care 
 services under section 256B.0627, subdivision 1, paragraph (c), 
 or a home and community-based waiver services program under 
 chapter 256B, or meets the criteria for severe emotional 
 disturbance under section 245.4871, subdivision 6, or for 
 serious and persistent mental illness under section 245.462, 
 subdivision 20, paragraph (c).  Caregivers in this category are 
 presumed to be prevented from obtaining or retaining employment. 

    (b) An assistance unit receiving assistance under a 
 hardship extension under this subdivision may continue to 
 receive assistance as long as the participant meets the criteria 
 in paragraph (a), clause (1), (2), or (3). 

    Subd. 3.    Hard-to-employ participants.  An assistance 
 unit subject to the time limit in section 256J.42, subdivision 
 1, in which any participant has received 60 counted months of 
 assistance, is eligible to receive months of assistance under a 
 hardship extension if the participant belongs to any of the 
 following groups: 

    (1) a person who is diagnosed by a licensed physician, 
 psychological practitioner, or other qualified professional, as 
 mentally retarded or mentally ill, and that condition prevents 
 the person from obtaining or retaining unsubsidized employment; 

    (2) a person who: 

    (i) has been assessed by a vocational specialist or the 
 county agency to be unemployable for purposes of this 
 subdivision; or 

    (ii) has an IQ below 80 who has been assessed by a 
 vocational specialist or a county agency to be employable, but 
 not at a level that makes the participant eligible for an 
 extension under subdivision 4 or, in the case of a 
 non-English-speaking person for whom it is not possible to 
 provide a determination due to language barriers or absence of 
 culturally appropriate assessment tools, is determined by a 
 qualified professional to have an IQ below 80.  A person is 
 considered employable if positions of employment in the local 
 labor market exist, regardless of the current availability of 
 openings for those positions, that the person is capable of 
 performing; 

    (3) a person who is determined by the county agency to be 
 learning disabled or, in the case of a non-English-speaking 
 person for whom it is not possible to provide a medical 
 diagnosis due to language barriers or absence of culturally 
 appropriate assessment tools, is determined by a qualified 
 professional to have a learning disability.  If a rehabilitation 
 plan for the person is developed or approved by the county 
 agency, the plan must be incorporated into the employment plan.  
 However, a rehabilitation plan does not replace the requirement 
 to develop and comply with an employment plan under section 
 256J.52.  For purposes of this section, "learning disabled" 
 means the applicant or recipient has a disorder in one or more 
 of the psychological processes involved in perceiving, 
 understanding, or using concepts through verbal language or 
 nonverbal means.  The disability must severely limit the 
 applicant or recipient in obtaining, performing, or maintaining 
 suitable employment.  Learning disabled does not include 
 learning problems that are primarily the result of visual, 
 hearing, or motor handicaps; mental retardation; emotional 
 disturbance; or due to environmental, cultural, or economic 
 disadvantage; or 

    (4) a person who is a victim of family violence as defined 
 in section 256J.49, subdivision 2, and who is participating in 
 an alternative employment plan under section 256J.49, 
 subdivision 1a.  

    Subd. 4.    Employed participants.  (a) An assistance 
 unit subject to the time limit under section 256J.42, 
 subdivision 1, in which any participant has received 60 months 
 of assistance, is eligible to receive assistance under a 
 hardship extension if the participant belongs to: 

    (1) a one-parent assistance unit in which the participant 
 is participating in work activities for at least 30 hours per 
 week, of which an average of at least 25 hours per week every 
 month are spent participating in employment; 

    (2) a two-parent assistance unit in which the participants 
 are participating in work activities for at least 55 hours per 
 week, of which an average of at least 45 hours per week every 
 month are spent participating in employment; or 

    (3) an assistance unit in which a participant is 
 participating in employment for fewer hours than those specified 
 in clause (1), and the participant submits verification from a 
 health care provider, in a form acceptable to the commissioner, 
 stating that the number of hours the participant may work is 
 limited due to illness or disability, as long as the participant 
 is participating in employment for at least the number of hours 
 specified by the health care provider.  The participant must be 
 following the treatment recommendations of the health care 
 provider providing the verification.  The commissioner shall 
 develop a form to be completed and signed by the health care 
 provider, documenting the diagnosis and any additional 
 information necessary to document the functional limitations of 
 the participant that limit work hours.  If the participant is 
 part of a two-parent assistance unit, the other parent must be 
 treated as a one-parent assistance unit for purposes of meeting 
 the work requirements under this subdivision. 

    (b) For purposes of this section, employment means: 

    (1) unsubsidized employment under section 256J.49, 
 subdivision 13, clause (1); 

    (2) subsidized employment under section 256J.49, 
 subdivision 13, clause (2); 

    (3) on-the-job training under section 256J.49, subdivision 
 13, clause (4); 

    (4) an apprenticeship under section 256J.49, subdivision 
 13, clause (19); 

    (5) supported work.  For purposes of this section, 
 "supported work" means services supporting a participant on the 
 job which include, but are not limited to, supervision, job 
 coaching, and subsidized wages; 

    (6) a combination of (1) to (5); or 

    (7) child care under section 256J.49, subdivision 13, 
 clause (25), if it is in combination with paid employment. 

    (c) If a participant is complying with a child protection 
 plan under chapter 260C, the number of hours required under the 
 child protection plan count toward the number of hours required 
 under this subdivision.  

    (d) The county shall provide the opportunity for subsidized 
 employment to participants needing that type of employment 
 within available appropriations. 

    (e) To be eligible for a hardship extension for employed 
 participants under this subdivision, a participant in a 
 one-parent assistance unit or both parents in a two-parent 
 assistance unit must be in compliance for at least ten out of 
 the 12 months immediately preceding the participant's 61st month 
 on assistance.  If only one parent in a two-parent assistance 
 unit fails to be in compliance ten out of the 12 months 
 immediately preceding the participant's 61st month, the county 
 shall give the assistance unit the option of disqualifying the 
 noncompliant parent.  If the noncompliant participant is 
 disqualified, the assistance unit must be treated as a 
 one-parent assistance unit for the purposes of meeting the work 
 requirements under this subdivision and the assistance unit's 
 MFIP grant shall be calculated using the shared household 
 standard under section 256J.08, subdivision 82a. 

    (f) The employment plan developed under section 256J.52, 
 subdivision 5, for participants under this subdivision must 
 contain the number of hours specified in paragraph (a) related 
 to employment and work activities.  The job counselor and the 
 participant must sign the employment plan to indicate agreement 
 between the job counselor and the participant on the contents of 
 the plan. 

    (g) Participants who fail to meet the requirements in 
 paragraph (a), without good cause under section 256J.57, shall 
 be sanctioned or permanently disqualified under subdivision 6.  
 Good cause may only be granted for that portion of the month for 
 which the good cause reason applies.  Participants must meet all 
 remaining requirements in the approved employment plan or be 
 subject to sanction or permanent disqualification.  

    (h) If the noncompliance with an employment plan is due to 
 the involuntary loss of employment, the participant is exempt 
 from the hourly employment requirement under this subdivision 
 for one month.  Participants must meet all remaining 
 requirements in the approved employment plan or be subject to 
 sanction or permanent disqualification.  This exemption is 
 available to one-parent assistance units two times in a 12-month 
 period, and two-parent assistance units, two times per parent in 
 a 12-month period. 

    (i) This subdivision expires on June 30, 2004. 

    Subd. 4a.    Hardship extension pending documentation.  
 If the documentation needed to determine if a participant is 
 eligible for a hardship extension under subdivision 2 or 3 is 
 not available by the 60th month, the county agency may extend 
 the participant pending receipt of the documentation if the 
 county believes the participant is likely to qualify for a 
 hardship extension and the participant is cooperating with 
 efforts to obtain the documentation.  If the participant is 
 found to be not eligible for an extension, the participant may 
 be responsible for an overpayment. 

    Subd. 5.    Accrual of certain exempt months.  (a) A 
 participant who received TANF assistance that counted towards 
 the federal 60-month time limit while the participant was exempt 
 under section 256J.56, paragraph (a), clause (7), from 
 employment and training services requirements and who is no 
 longer eligible for assistance under a hardship extension under 
 subdivision 2, paragraph (a), clause (3), is eligible for 
 assistance under a hardship extension for a period of time equal 
 to the number of months that were counted toward the federal 
 60-month time limit while the participant was exempt under 
 section 256J.56, paragraph (a), clause (7), from the employment 
 and training services requirements. 

    (b) A participant who received TANF assistance that counted 
 towards the federal 60-month time limit while the participant 
 met the state time limit exemption criteria under section 
 256J.42, subdivision 4 or 5, is eligible for assistance under a 
 hardship extension for a period of time equal to the number of 
 months that were counted toward the federal 60-month time limit 
 while the participant met the state time limit exemption 
 criteria under section 256J.42, subdivision 5. 

    (c) A participant who received TANF assistance that counted 
 towards the federal 60-month time limit while the participant 
 was exempt under section 256J.56, paragraph (a), clause (3), 
 from employment and training services requirements, who 
 demonstrates at the time of the case review required under 
 section 256J.42, subdivision 6, that the participant met the 
 exemption criteria under section 256J.56, paragraph (a), clause 
 (7), during one or more months the participant was exempt under 
 section 256J.56, paragraph (a), clause (3), before or after July 
 1, 2002, is eligible for assistance under a hardship extension 
 for a period of time equal to the number of months that were 
 counted toward the federal 60-month time limit during the time 
 the participant met the criteria under section 256J.56, 
 paragraph (a), clause (7).  At the time of the case review, a 
 county agency must explain to the participant the basis for 
 receiving a hardship extension based on the accrual of exempt 
 months.  The participant must provide documentation necessary to 
 enable the county agency to determine whether the participant is 
 eligible to receive a hardship extension based on the accrual of 
 exempt months or authorize a county agency to verify the 
 information. 

    Subd. 6.    Sanctions for extended cases.  (a) If one or 
 both participants in an assistance unit receiving assistance 
 under subdivision 3 or 4 are not in compliance with the 
 employment and training service requirements in sections 256J.52 
 to 256J.55, the sanctions under this subdivision apply.  For a 
 first occurrence of noncompliance, an assistance unit must be 
 sanctioned under section 256J.46, subdivision 1, paragraph (d), 
 clause (1).  For a second or third occurrence of noncompliance, 
 the assistance unit must be sanctioned under section 256J.46, 
 subdivision 1, paragraph (d), clause (2).  For a fourth 
 occurrence of noncompliance, the assistance unit is disqualified 
 from MFIP.  If a participant is determined to be out of 
 compliance, the participant may claim a good cause exception 
 under section 256J.57, however, the participant may not claim an 
 exemption under section 256J.56.  

    (b) If both participants in a two-parent assistance unit 
 are out of compliance at the same time, it is considered one 
 occurrence of noncompliance.  

    Subd. 7.    Status of disqualified participants.  (a) An 
 assistance unit that is disqualified under subdivision 6, 
 paragraph (a), may be approved for MFIP if the participant 
 complies with MFIP program requirements and demonstrates 
 compliance for up to one month.  No assistance shall be paid 
 during this period. 

    (b) An assistance unit that is disqualified under 
 subdivision 6, paragraph (a), and that reapplies under paragraph 
 (a) is subject to sanction under section 256J.46, subdivision 1, 
 paragraph (d), clause (1), for a first occurrence of 
 noncompliance.  A subsequent occurrence of noncompliance results 
 in a permanent disqualification. 

    (c) If one participant in a two-parent assistance unit 
 receiving assistance under a hardship extension under 
 subdivision 3 or 4 is determined to be out of compliance with 
 the employment and training services requirements under sections 
 256J.52 to 256J.55, the county shall give the assistance unit 
 the option of disqualifying the noncompliant participant from 
 MFIP.  In that case, the assistance unit shall be treated as a 
 one-parent assistance unit for the purposes of meeting the work 
 requirements under subdivision 4 and the assistance unit's MFIP 
 grant shall be calculated using the shared household standard 
 under section 256J.08, subdivision 82a.  An applicant who is 
 disqualified from receiving assistance under this paragraph may 
 reapply under paragraph (a).  If a participant is disqualified 
 from MFIP under this subdivision a second time, the participant 
 is permanently disqualified from MFIP. 

    (d) Prior to a disqualification under this subdivision, a 
 county agency must review the participant's case to determine if 
 the employment plan is still appropriate and attempt to meet 
 with the participant face-to-face.  If a face-to-face meeting is 
 not conducted, the county agency must send the participant a 
 notice of adverse action as provided in section 256J.31.  During 
 the face-to-face meeting, the county agency must: 

    (1) determine whether the continued noncompliance can be 
 explained and mitigated by providing a needed preemployment 
 activity, as defined in section 256J.49, subdivision 13, clause 
 (16), or services under a local intervention grant for 
 self-sufficiency under section 256J.625; 

    (2) determine whether the participant qualifies for a good 
 cause exception under section 256J.57; 

    (3) inform the participant of the participant's sanction 
 status and explain the consequences of continuing noncompliance; 

    (4) identify other resources that may be available to the 
 participant to meet the needs of the family; and 

    (5) inform the participant of the right to appeal under 
 section 256J.40. 

    Subd. 8.    County extension request.  A county may make 
 a request to the commissioner of human services, and the 
 commissioner may grant, an extension for a category of 
 participants that are not extended under section 256J.425, 
 provided the new category of participants is consistent with the 
 existing extension policy in which an extension is provided to 
 participants whose MFIP requirements conflict with other 
 statutory requirements or obligations.  By January 15 of each 
 year, the commissioner must report to the chairs and ranking 
 minority members of the senate and house committees having 
 jurisdiction over health and human services the extensions that 
 were granted under this section during the previous calendar 
 year.  The legislature must act in order for the extensions to 
 continue.  If the legislature fails to act by the end of the 
 legislative session in which the extensions were reported, the 
 extensions granted under this section during the previous 
 calendar year expire on June 30 of that year. 

    HIST: 1Sp2001 c 9 art 10 s 28; 2002 c 374 art 10 s 9-12; 2002 
 c 379 art 1 s 113