Bill Text: MN SF1833 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Minnesota family investment program (MFIP) ineligibility, sanctions, time limit, and exit level modifications
Sponsorship: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2012-02-15 - Referred to Health and Human Services [SF1833 Detail]
Download: Minnesota-2011-SF1833-Introduced.html
1.2relating to human services; modifying persons ineligible for MFIP; modifying
1.3MFIP sanctions; modifying the MFIP time limit; modifying the MFIP exit
1.4level;amending Minnesota Statutes 2010, sections 256J.08, subdivisions 34b,
1.551b; 256J.24, subdivision 10; 256J.26, subdivision 1; 256J.32, subdivisions
1.64, 6; 256J.415; 256J.42, subdivisions 1, 4, 5, 6; 256J.425, subdivisions 1, 4,
1.74a, 5, 6; 256J.45, subdivision 2; 256J.46, subdivision 1; 256J.50, subdivisions
1.86, 10; 256J.575, subdivision 3; 256J.621; 256J.626, subdivision 2; 256J.751,
1.9subdivision 1.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2010, section 256J.08, subdivision 34b, is amended to
1.12read:
1.13 Subd. 34b. Family violence waiver. "Family violence waiver" means a waiver of
1.14the60-month 36-month time limit for victims of family violence who meet the criteria
1.15in section256J.545 and are complying with an employment plan in section
256J.521,
1.16subdivision 3 .
1.17EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
1.18applicants who apply on or after that date.
1.19 Sec. 2. Minnesota Statutes 2010, section 256J.08, subdivision 51b, is amended to read:
1.20 Subd. 51b. Learning disabled. "Learning disabled," for purposes of an extension
1.21to the60-month 36-month time limit under section
256J.425, subdivision 3 , clause (3),
1.22means the person has a disorder in one or more of the psychological processes involved in
1.23perceiving, understanding, or using concepts through verbal language or nonverbal means.
1.24Learning disabled does not include learning problems that are primarily the result of
2.1visual, hearing, or motor disabilities; developmental disability; emotional disturbance; or
2.2due to environmental, cultural, or economic disadvantage.
2.3EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
2.4applicants who apply on or after that date.
2.5 Sec. 3. Minnesota Statutes 2010, section 256J.24, subdivision 10, is amended to read:
2.6 Subd. 10. MFIP exit level. The commissioner shall adjust the MFIP earned
2.7income disregard to ensure that most participants do not lose eligibility for MFIP until
2.8their income reaches at least115 100 percent of the federal poverty guidelines at the
2.9time of the adjustment. The adjustment to the disregard shall be based on a household
2.10size of three, and the resulting earned income disregard percentage must be applied to all
2.11household sizes. The adjustment under this subdivision must be implemented whenever a
2.12Supplemental Nutrition Assistance Program adjustment is reflected in the food portion of
2.13the MFIP transitional standard as required under subdivision 5a.
2.14 Sec. 4. Minnesota Statutes 2010, section 256J.26, subdivision 1, is amended to read:
2.15 Subdivision 1. Person convicted of drug offenses. (a)Applicants or participants
2.16An individual whohave has been convicted of a drug offense committed after July
2.171, 1997, may, if otherwise eligible, receive MFIP benefits subject to the following
2.18conditions: during the previous ten years from the date of application or recertification is
2.19disqualified from receiving MFIP.
2.20(1) Benefits for the entire assistance unit must be paid in vendor form for shelter and
2.21utilities during any time the applicant is part of the assistance unit.
2.22(2) The convicted applicant or participant shall be subject to random drug testing as
2.23a condition of continued eligibility and following any positive test for an illegal controlled
2.24substance is subject to the following sanctions:
2.25(i) for failing a drug test the first time, the residual amount of the participant's grant
2.26after making vendor payments for shelter and utility costs, if any, must be reduced by an
2.27amount equal to 30 percent of the MFIP standard of need for an assistance unit of the same
2.28size. When a sanction under this subdivision is in effect, the job counselor must attempt
2.29to meet with the person face-to-face. During the face-to-face meeting, the job counselor
2.30must explain the consequences of a subsequent drug test failure and inform the participant
2.31of the right to appeal the sanction under section
256J.40. If a face-to-face meeting is
2.32not possible, the county agency must send the participant a notice of adverse action as
2.33provided in section
256J.31, subdivisions 4 and 5, and must include the information
2.34required in the face-to-face meeting; or
3.1(ii) for failing a drug test two times, the participant is permanently disqualified from
3.2receiving MFIP assistance, both the cash and food portions. The assistance unit's MFIP
3.3grant must be reduced by the amount which would have otherwise been made available to
3.4the disqualified participant. Disqualification under this item does not make a participant
3.5ineligible for food stamps or food support. Before a disqualification under this provision is
3.6imposed, the job counselor must attempt to meet with the participant face-to-face. During
3.7the face-to-face meeting, the job counselor must identify other resources that may be
3.8available to the participant to meet the needs of the family and inform the participant of
3.9the right to appeal the disqualification under section
256J.40. If a face-to-face meeting is
3.10not possible, the county agency must send the participant a notice of adverse action as
3.11provided in section
256J.31, subdivisions 4 and 5, and must include the information
3.12required in the face-to-face meeting.
3.13(3) A participant who fails a drug test the first time and is under a sanction due to
3.14other MFIP program requirements is considered to have more than one occurrence of
3.15noncompliance and is subject to the applicable level of sanction as specified under section
3.16256J.46, subdivision 1, paragraph (d).
3.17(b) Applicants requesting only food stamps or food support or participants receiving
3.18only food stamps or food support, who have been convicted of a drug offense that
3.19occurred after July 1, 1997, may, if otherwise eligible, receive food stamps or food support
3.20if the convicted applicant or participant is subject to random drug testing as a condition
3.21of continued eligibility. Following a positive test for an illegal controlled substance, the
3.22applicant is subject to the following sanctions:
3.23(1) for failing a drug test the first time, food stamps or food support shall be reduced
3.24by an amount equal to 30 percent of the applicable food stamp or food support allotment.
3.25When a sanction under this clause is in effect, a job counselor must attempt to meet with
3.26the person face-to-face. During the face-to-face meeting, a job counselor must explain
3.27the consequences of a subsequent drug test failure and inform the participant of the right
3.28to appeal the sanction under section
256J.40. If a face-to-face meeting is not possible,
3.29a county agency must send the participant a notice of adverse action as provided in
3.30section
256J.31, subdivisions 4 and 5, and must include the information required in the
3.31face-to-face meeting; and
3.32(2) for failing a drug test two times, the participant is permanently disqualified from
3.33receiving food stamps or food support. Before a disqualification under this provision is
3.34imposed, a job counselor must attempt to meet with the participant face-to-face. During
3.35the face-to-face meeting, the job counselor must identify other resources that may be
3.36available to the participant to meet the needs of the family and inform the participant of
4.1the right to appeal the disqualification under section
256J.40. If a face-to-face meeting
4.2is not possible, a county agency must send the participant a notice of adverse action as
4.3provided in section
256J.31, subdivisions 4 and 5, and must include the information
4.4required in the face-to-face meeting.
4.5(c) (b) For the purposes of this subdivision, "drug offense" means an offense that
4.6occurred after July 1, 1997, of sections152.021 to
152.025 ,
152.0261 ,
152.0262 , or
4.7152.096
. Drug offense also means a conviction in another jurisdiction of the possession,
4.8use, or distribution of a controlled substance, or conspiracy to commit any of these
4.9offenses, if the offense occurred after July 1, 1997, and the conviction is a felony offense
4.10in that jurisdiction, or in the case of New Jersey, a high misdemeanor.
4.11EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
4.12applicants who apply on or after that date and for all recertifications occurring on or
4.13after that date.
4.14 Sec. 5. Minnesota Statutes 2010, section 256J.32, subdivision 4, is amended to read:
4.15 Subd. 4. Factors to be verified. (a) The county agency shall verify the following
4.16at application:
4.17(1) identity of adults;
4.18(2) presence of the minor child in the home, if questionable;
4.19(3) relationship of a minor child to caregivers in the assistance unit;
4.20(4) age, if necessary to determine MFIP eligibility;
4.21(5) immigration status;
4.22(6) Social Security number according to the requirements of section256J.30,
4.23subdivision 12 ;
4.24(7) income;
4.25(8) self-employment expenses used as a deduction;
4.26(9) source and purpose of deposits and withdrawals from business accounts;
4.27(10) spousal support and child support payments made to persons outside the
4.28household;
4.29(11) real property;
4.30(12) vehicles;
4.31(13) checking and savings accounts;
4.32(14) savings certificates, savings bonds, stocks, and individual retirement accounts;
4.33(15) pregnancy, if related to eligibility;
4.34(16) inconsistent information, if related to eligibility;
4.35(17) burial accounts;
5.1(18) school attendance, if related to eligibility;
5.2(19) residence;
5.3(20) criminal history by conducting a background study to determine if an applicant
5.4was convicted of a drug or disqualifying offense under section 256J.26, during the
5.5previous ten years from the date of application. Applicants must provide the county with
5.6a set of classifiable fingerprints obtained from an authorized agency when the county
5.7has reasonable cause to believe that an applicant has a criminal history in a jurisdiction
5.8other than Minnesota;
5.9(20) (21) a claim of family violence if used as a basis to qualify for the family
5.10violence waiver;
5.11(21) (22) disability if used as the basis for reducing the hourly participation
5.12requirements under section256J.55, subdivision 1 , or the type of activity included in an
5.13employment plan under section256J.521, subdivision 2 ; and
5.14(22) (23) information needed to establish an exception under section
256J.24,
5.15subdivision 9 .
5.16(b) The applicant must pay for the background study required under paragraph
5.17(a), clause (20); if the applicant is found to be eligible for MFIP, the applicant shall be
5.18reimbursed for the cost of the background study at the time the first monthly grant is
5.19awarded.
5.20EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
5.21applicants who apply on or after that date.
5.22 Sec. 6. Minnesota Statutes 2010, section 256J.32, subdivision 6, is amended to read:
5.23 Subd. 6. Recertification. (a) The county agency shall recertify eligibility in an
5.24annual face-to-face interview with the participant and verify the following:
5.25 (1) presence of the minor child in the home, if questionable;
5.26 (2) income, unless excluded, including self-employment expenses used as a
5.27deduction or deposits or withdrawals from business accounts;
5.28 (3) assets when the value is within $200 of the asset limit;
5.29 (4) information to establish an exception under section256J.24, subdivision 9 , if
5.30questionable;
5.31 (5) inconsistent information, if related to eligibility;and
5.32 (6) whether a single caregiver household meets requirements in section256J.575 ,
5.33subdivision 3.; and
5.34(7) criminal history by conducting a background study to determine if a recipient
5.35was convicted of a drug or disqualifying offense under section 256J.26, during the
6.1previous ten years from the date of recertification. Recipients must provide the county
6.2with a set of classifiable fingerprints obtained from an authorized agency when the county
6.3has reasonable cause to believe that a recipient has a criminal history in a jurisdiction
6.4other than Minnesota.
6.5(b) The recipient must pay for the background study required under paragraph
6.6(a), clause (7); if the recipient continues to be eligible for MFIP, the recipient shall be
6.7reimbursed for the cost of the background study at the time the next monthly grant is
6.8awarded.
6.9EFFECTIVE DATE.This section is effective July 1, 2012, for all MFIP
6.10recertifications that occur on or after that date.
6.11 Sec. 7. Minnesota Statutes 2010, section 256J.415, is amended to read:
6.12256J.415 NOTICE OF 12 MONTHS OF TANF ASSISTANCE REMAINING.
6.13(a) The county agency shall mail a notice to each assistance unit when the assistance
6.14unit has 12 months of TANF assistance remaining and each month thereafter until the
6.1560-month 36-month limit has expired. The notice must be developed by the commissioner
6.16of human services and must contain information about the60-month 36-month limit, the
6.17number of months the participant has remaining, the hardship extension policy, and any
6.18other information that the commissioner deems pertinent to an assistance unit nearing the
6.1960-month 36-month limit.
6.20(b) For applicants who have less than 12 months remaining in the60-month
6.2136-month time limit because the unit previously received TANF assistance in Minnesota
6.22or another state, the county agency shall notify the applicant of the number of months of
6.23TANF remaining when the application is approved and begin the process required in
6.24paragraph (a).
6.25EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
6.26applicants who apply on or after that date.
6.27 Sec. 8. Minnesota Statutes 2010, section 256J.42, subdivision 1, is amended to read:
6.28 Subdivision 1. Time limit. (a) Except as otherwise provided for in this section,
6.29an assistance unit in which any adult caregiver has received60 36 months of cash
6.30assistance funded in whole or in part by the TANF block grant in this or any other state
6.31or United States territory, or from a tribal TANF program, MFIP, the AFDC program
6.32formerly codified in sections256.72 to
256.87 , or the family general assistance program
6.33formerly codified in sections256D.01 to
256D.23 , funded in whole or in part by state
7.1appropriations, is ineligible to receive MFIP. Any cash assistance funded with TANF
7.2dollars in this or any other state or United States territory, or from a tribal TANF program,
7.3or MFIP assistance funded in whole or in part by state appropriations, that was received by
7.4the unit on or after the date TANF was implemented, including any assistance received in
7.5states or United States territories of prior residence, counts toward the60-month 36-month
7.6limitation. Months during which any cash assistance is received by an assistance unit with
7.7a mandatory member who is disqualified for wrongfully obtaining public assistance under
7.8section256.98, subdivision 8 , counts toward the time limit for the disqualified member.
7.9The60-month 36-month limit applies to a minor caregiver except under subdivision 5.
7.10The60-month 36-month time period does not need to be consecutive months for this
7.11provision to apply.
7.12 (b) The months before July 1998 in which individuals received assistance as part of
7.13the field trials as an MFIP, MFIP-R, or MFIP or MFIP-R comparison group family are not
7.14included in the60-month 36-month time limit.
7.15EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
7.16applicants who apply on or after that date.
7.17 Sec. 9. Minnesota Statutes 2010, section 256J.42, subdivision 4, is amended to read:
7.18 Subd. 4. Victims of family violence. Any cash assistance received by an assistance
7.19unit in a month when a caregiver complied with a safety plan, an alternative employment
7.20plan, or an employment plan under section256J.521, subdivision 3 , does not count toward
7.21the60-month 36-month limitation on assistance.
7.22EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
7.23applicants who apply on or after that date.
7.24 Sec. 10. Minnesota Statutes 2010, section 256J.42, subdivision 5, is amended to read:
7.25 Subd. 5. Exemption for certain families. (a) Any cash assistance received by an
7.26assistance unit does not count toward the60-month 36-month limit on assistance during a
7.27month in which the caregiver is age 60 or older.
7.28(b) From July 1, 1997, until the date MFIP is operative in the caregiver's county of
7.29financial responsibility, any cash assistance received by a caregiver who is complying
7.30with Minnesota Statutes 1996, section256.73, subdivision 5a , and Minnesota Statutes
7.311998, section256.736 , if applicable, does not count toward the 60-month 36-month limit
7.32on assistance. Thereafter, any cash assistance received by a minor caregiver who is
8.1complying with the requirements of sections256J.14 and
256J.54 , if applicable, does not
8.2counttowards toward the 60-month 36-month limit on assistance.
8.3(c) Any diversionary assistance or emergency assistance received prior to July 1,
8.42003, does not count toward the60-month 36-month limit.
8.5(d) Any cash assistance received by an 18- or 19-year-old caregiver who is
8.6complying with an employment plan that includes an education option under section
8.7256J.54
does not count toward the 60-month 36-month limit.
8.8(e) Payments provided to meet short-term emergency needs under section256J.626
8.9and diversionary work program benefits provided under section
256J.95 do not count
8.10toward the60-month 36-month time limit.
8.11EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
8.12applicants who apply on or after that date.
8.13 Sec. 11. Minnesota Statutes 2010, section 256J.42, subdivision 6, is amended to read:
8.14 Subd. 6. Case review. (a) Within 180 days, but not less than 60 days, before the
8.15end of the participant's60th 36th month on assistance, the county agency or job counselor
8.16must review the participant's case to determine if the employment plan is still appropriate
8.17and attempt to meet with the participant face-to-face.
8.18(b) During the face-to-face meeting, a county agency or the job counselor must:
8.19(1) inform the participant how many months of counted assistance the participant
8.20has accrued and when the participant is expected to reach the 60th month;
8.21(2) explain the hardship extension criteria under section256J.425 and what the
8.22participant should do if the participant thinks a hardship extension applies;
8.23(3) identify other resources that may be available to the participant to meet the
8.24needs of the family; and
8.25(4) inform the participant of the right to appeal the case closure under section
8.26256J.40
.
8.27(c) If a face-to-face meeting is not possible, the county agency must send the
8.28participant a notice of adverse action as provided in section256J.31, subdivisions 4 and 5 .
8.29(d) Before a participant's case is closed under this section, the county must ensure
8.30that:
8.31(1) the case has been reviewed by the job counselor's supervisor or the review team
8.32designated by the county to determine if the criteria for a hardship extension, if requested,
8.33were applied appropriately; and
8.34(2) the county agency or the job counselor attempted to meet with the participant
8.35face-to-face.
9.1EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
9.2applicants who apply on or after that date.
9.3 Sec. 12. Minnesota Statutes 2010, section 256J.425, subdivision 1, is amended to read:
9.4 Subdivision 1. Eligibility. (a) To be eligible for a hardship extension, a participant
9.5in an assistance unit subject to the time limit under section256J.42, subdivision 1 , must be
9.6in compliance in the participant's60th 36th counted month. For purposes of determining
9.7eligibility for a hardship extension, a participant is in compliance in any month that the
9.8participant has not been sanctioned. In order to maintain eligibility for any of the hardship
9.9extension categories a participant shall develop and comply with either an employment
9.10plan or a family stabilization services plan, whichever is appropriate.
9.11 (b) If one participant in a two-parent assistance unit is determined to be ineligible for
9.12a hardship extension, the county shall give the assistance unit the option of disqualifying
9.13the ineligible participant from MFIP. In that case, the assistance unit shall be treated as a
9.14one-parent assistance unit and the assistance unit's MFIP grant shall be calculated using
9.15the shared household standard under section256J.08, subdivision 82a .
9.16 (c) Prior to denying an extension, the county must review the sanction status and
9.17determine whether the sanction is appropriate or if good cause exists under section
9.18256J.57
. If the sanction was inappropriately applied or the participant is granted a good
9.19cause exception before the end of month60 36, the participant shall be considered for
9.20an extension.
9.21EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
9.22applicants who apply on or after that date.
9.23 Sec. 13. Minnesota Statutes 2010, section 256J.425, subdivision 4, is amended to read:
9.24 Subd. 4. Employed participants. (a) An assistance unit subject to the time limit
9.25under section256J.42, subdivision 1 , is eligible to receive assistance under a hardship
9.26extension if the participant who reached the time limit belongs to:
9.27(1) a one-parent assistance unit in which the participant is participating in work
9.28activities for at least 30 hours per week, of which an average of at least 25 hours per week
9.29every month are spent participating in employment;
9.30(2) a two-parent assistance unit in which the participants are participating in work
9.31activities for at least 55 hours per week, of which an average of at least 45 hours per week
9.32every month are spent participating in employment; or
9.33(3) an assistance unit in which a participant is participating in employment for fewer
9.34hours than those specified in clause (1), and the participant submits verification from a
10.1qualified professional, in a form acceptable to the commissioner, stating that the number
10.2of hours the participant may work is limited due to illness or disability, as long as the
10.3participant is participating in employment for at least the number of hours specified by the
10.4qualified professional. The participant must be following the treatment recommendations
10.5of the qualified professional providing the verification. The commissioner shall develop a
10.6form to be completed and signed by the qualified professional, documenting the diagnosis
10.7and any additional information necessary to document the functional limitations of the
10.8participant that limit work hours. If the participant is part of a two-parent assistance unit,
10.9the other parent must be treated as a one-parent assistance unit for purposes of meeting the
10.10work requirements under this subdivision.
10.11(b) For purposes of this section, employment means:
10.12(1) unsubsidized employment under section256J.49, subdivision 13 , clause (1);
10.13(2) subsidized employment under section256J.49, subdivision 13 , clause (2);
10.14(3) on-the-job training under section256J.49, subdivision 13 , clause (2);
10.15(4) an apprenticeship under section256J.49, subdivision 13 , clause (1);
10.16(5) supported work under section256J.49, subdivision 13 , clause (2);
10.17(6) a combination of clauses (1) to (5); or
10.18(7) child care under section256J.49, subdivision 13 , clause (7), if it is in combination
10.19with paid employment.
10.20(c) If a participant is complying with a child protection plan under chapter 260C,
10.21the number of hours required under the child protection plan count toward the number
10.22of hours required under this subdivision.
10.23(d) The county shall provide the opportunity for subsidized employment to
10.24participants needing that type of employment within available appropriations.
10.25(e) To be eligible for a hardship extension for employed participants under this
10.26subdivision, a participant must be in compliance for at least ten out of the 12 months
10.27the participant received MFIP immediately preceding the participant's61st 37th month
10.28on assistance. If ten or fewer months of eligibility for TANF assistance remain at the
10.29time the participant from another state applies for assistance, the participant must be in
10.30compliance every month.
10.31(f) The employment plan developed under section256J.521, subdivision 2 , for
10.32participants under this subdivision must contain at least the minimum number of hours
10.33specified in paragraph (a) for the purpose of meeting the requirements for an extension
10.34under this subdivision. The job counselor and the participant must sign the employment
10.35plan to indicate agreement between the job counselor and the participant on the contents
10.36of the plan.
11.1(g) Participants who fail to meet the requirements in paragraph (a), without good
11.2cause under section256J.57 , shall be sanctioned or permanently disqualified under
11.3subdivision 6. Good cause may only be granted for that portion of the month for which
11.4the good cause reason applies. Participants must meet all remaining requirements in the
11.5approved employment plan or be subject to sanction or permanent disqualification.
11.6(h) If the noncompliance with an employment plan is due to the involuntary loss of
11.7employment, the participant is exempt from the hourly employment requirement under
11.8this subdivision for one month. Participants must meet all remaining requirements in the
11.9approved employment plan or be subject to sanction or permanent disqualification. This
11.10exemption is available to each participant two times in a 12-month period.
11.11EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
11.12applicants who apply on or after that date.
11.13 Sec. 14. Minnesota Statutes 2010, section 256J.425, subdivision 4a, is amended to read:
11.14 Subd. 4a. Hardship extension pending documentation. If the documentation
11.15needed to determine if a participant is eligible for a hardship extension under subdivision 2
11.16or 3 is not available by the60th 36th month, the county agency may extend the participant
11.17pending receipt of the documentation if the county believes the participant is likely to
11.18qualify for a hardship extension and the participant is cooperating with efforts to obtain
11.19the documentation. If the participant is found to be not eligible for an extension, the
11.20participant may be responsible for an overpayment.
11.21EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
11.22applicants who apply on or after that date.
11.23 Sec. 15. Minnesota Statutes 2010, section 256J.425, subdivision 5, is amended to read:
11.24 Subd. 5. Accrual of certain exempt months. (a) Participants who are not eligible
11.25for assistance under a hardship extension under this section shall be eligible for a hardship
11.26extension for a period of time equal to the number of months that were counted toward the
11.2760-month 36-month time limit while the participant was a caregiver with a child or an
11.28adult in the household who meets the disability or medical criteria for home care services
11.29under section256B.0651, subdivision 1 , paragraph (c), or a home and community-based
11.30waiver services program under chapter 256B, or meets the criteria for severe emotional
11.31disturbance under section245.4871, subdivision 6 , or for serious and persistent mental
11.32illness under section245.462, subdivision 20 , paragraph (c), and who was subject to the
11.33requirements in section256J.561, subdivision 2 .
12.1(b) A participant who received MFIP assistance that counted toward the60-month
12.236-month time limit while the participant met the state time limit exemption criteria under
12.3section256J.42, subdivision 4 or 5, is eligible for assistance under a hardship extension
12.4for a period of time equal to the number of months that were counted toward the60-month
12.536-month time limit while the participant met the state time limit exemption criteria
12.6under section256J.42, subdivision 4 or 5.
12.7(c) After the accrued months have been exhausted, the county agency must
12.8determine if the assistance unit is eligible for an extension under another extension
12.9category in subdivision 2, 3, or 4.
12.10(d) At the time of the case review, a county agency must explain to the participant
12.11the basis for receiving a hardship extension based on the accrual of exempt months.
12.12The participant must provide documentation necessary to enable the county agency to
12.13determine whether the participant is eligible to receive a hardship extension based on the
12.14accrual of exempt months or authorize a county agency to verify the information.
12.15(e) While receiving extended MFIP assistance under this subdivision, a participant is
12.16subject to the MFIP policies that apply to participants during the first60 36 months of
12.17MFIP, unless the participant is a member of a two-parent family in which one parent
12.18is extended under subdivision 3 or 4. For two-parent families in which one parent is
12.19extended under subdivision 3 or 4, the sanction provisions in subdivision 6 shall apply.
12.20EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
12.21applicants who apply on or after that date.
12.22 Sec. 16. Minnesota Statutes 2010, section 256J.425, subdivision 6, is amended to read:
12.23 Subd. 6. Sanctions for extended cases. (a) If one or both participants in an
12.24assistance unit receiving assistance under subdivision 3 or 4 are not in compliance with
12.25the employment and training service requirements in sections256J.521 to
256J.57 ,
12.26the sanctions under this subdivision apply. For a first occurrence of noncompliance,
12.27an assistance unit must be sanctioned under section256J.46, subdivision 1 , paragraph
12.28(c), clause (1). For a second or third occurrence of noncompliance, the assistance unit
12.29must be sanctioned under section256J.46, subdivision 1 , paragraph (c), clause (2). For a
12.30fourth occurrence of noncompliance, the assistance unit is disqualified from MFIP. If a
12.31participant is determined to be out of compliance, the participant may claim a good cause
12.32exception under section256J.57 .
12.33(b) If both participants in a two-parent assistance unit are out of compliance at the
12.34same time, it is considered one occurrence of noncompliance.
13.1(c) When a parent in an extended two-parent assistance unit who has not used60
13.236 months of assistance is out of compliance with the employment and training service
13.3requirements in sections256J.521 to
256J.57 , sanctions must be applied as specified in
13.4clauses (1) and (2).
13.5(1) If the assistance unit is receiving assistance under subdivision 3 or 4, the
13.6assistance unit is subject to the sanction policy in this subdivision.
13.7(2) If the assistance unit is receiving assistance under subdivision 2, the assistance
13.8unit is subject to the sanction policy in section256J.46 .
13.9(d) If a two-parent assistance unit is extended under subdivision 3 or 4, and a parent
13.10who has not reached the60-month 36-month time limit is out of compliance with the
13.11employment and training services requirements in sections256J.521 to
256J.57 when the
13.12case is extended, the sanction in the61st 37th month is considered the first sanction for the
13.13purposes of applying the sanctions in this subdivision, except that the sanction amount
13.14shall be 30 percent.
13.15EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
13.16applicants who apply on or after that date.
13.17 Sec. 17. Minnesota Statutes 2010, section 256J.45, subdivision 2, is amended to read:
13.18 Subd. 2. General information. The MFIP orientation must consist of a presentation
13.19that informs caregivers of:
13.20(1) the necessity to obtain immediate employment;
13.21(2) the work incentives under MFIP, including the availability of the federal earned
13.22income tax credit and the Minnesota working family tax credit;
13.23(3) the requirement to comply with the employment plan and other requirements
13.24of the employment and training services component of MFIP, including a description
13.25of the range of work and training activities that are allowable under MFIP to meet the
13.26individual needs of participants;
13.27(4) the consequences for failing to comply with the employment plan and other
13.28program requirements, and that the county agency may not impose a sanction when failure
13.29to comply is due to the unavailability of child care or other circumstances where the
13.30participant has good cause under subdivision 3;
13.31(5) the rights, responsibilities, and obligations of participants;
13.32(6) the types and locations of child care services available through the county agency;
13.33(7) the availability and the benefits of the early childhood health and developmental
13.34screening under sections121A.16 to
121A.19 ;
123B.02, subdivision 16 ; and
123B.10 ;
14.1(8) the caregiver's eligibility for transition year child care assistance under section
14.2119B.05
;
14.3(9) the availability of all health care programs, including transitional medical
14.4assistance;
14.5(10) the caregiver's option to choose an employment and training provider and
14.6information about each provider, including but not limited to, services offered, program
14.7components, job placement rates, job placement wages, and job retention rates;
14.8(11) the caregiver's option to request approval of an education and training plan
14.9according to section256J.53 ;
14.10(12) the work study programs available under the higher education system; and
14.11(13) information about the60-month 36-month time limit exemptions under the
14.12family violence waiver and referral information about shelters and programs for victims
14.13of family violence.
14.14EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
14.15applicants who apply on or after that date.
14.16 Sec. 18. Minnesota Statutes 2010, section 256J.46, subdivision 1, is amended to read:
14.17 Subdivision 1. Participants not complying with program requirements. (a)
14.18A participant who fails without good cause under section256J.57 to comply with the
14.19requirements of this chapter, and who is not subject to a sanction under subdivision 2,
14.20shall be subject to a sanction as provided in this subdivision. Prior to the imposition of
14.21a sanction, a county agency shall provide a notice of intent to sanction under section
14.22256J.57, subdivision 2
, and, when applicable, a notice of adverse action as provided
14.23in section256J.31 .
14.24(b) A sanction under this subdivision becomes effective the month following the
14.25month in which a required notice is given. A sanction must not be imposed when a
14.26participant comes into compliance with the requirements for orientation under section
14.27256J.45
prior to the effective date of the sanction. A sanction must not be imposed
14.28when a participant comes into compliance with the requirements for employment and
14.29training services under sections256J.515 to
256J.57 ten days prior to the effective date
14.30of the sanction. For purposes of this subdivision, each month that a participant fails to
14.31comply with a requirement of this chapter shall be considered a separate occurrence of
14.32noncompliance. If both participants in a two-parent assistance unit are out of compliance
14.33at the same time, it is considered one occurrence of noncompliance.
14.34(c) Sanctions for noncompliance shall be imposed as follows:
15.1(1) For the first occurrence of noncompliance by a participant in an assistance unit,
15.2the assistance unit's grant shall be reduced by ten percent of the MFIP standard of need
15.3for an assistance unit of the same size with the residual grant paid to the participant. The
15.4reduction in the grant amount must be in effect for a minimum of one month and shall be
15.5removed in the month following the month that the participant returns to compliance.
15.6(2) For a second, third, fourth, fifth, or sixth occurrence of noncompliance by a
15.7participant in an assistance unit, the assistance unit's shelter costs shall be vendor paid
15.8up to the amount of the cash portion of the MFIP grant for which the assistance unit is
15.9eligible. At county option, the assistance unit's utilities may also be vendor paid up to
15.10the amount of the cash portion of the MFIP grant remaining after vendor payment of the
15.11assistance unit's shelter costs. The residual amount of the grant after vendor payment, if
15.12any, must be reduced by an amount equal to 30 percent of the MFIP standard of need for an
15.13assistance unit of the same size before the residual grant is paid to the assistance unit. The
15.14reduction in the grant amount must be in effect for a minimum of one month and shall be
15.15removed in the month following the month that the participant in a one-parent assistance
15.16unit returns to compliance. In a two-parent assistance unit, the grant reduction must
15.17be in effect for a minimum of one month and shall be removed in the month following
15.18the month both participants return to compliance. The vendor payment of shelter costs
15.19and, if applicable, utilities shall be removed six months after the month in which the
15.20participant or participants return to compliance. If an assistance unit is sanctioned under
15.21this clause, the participant's case file must be reviewed to determine if the employment
15.22plan is still appropriate.
15.23(d) For aseventh third occurrence of noncompliance by a participant in an assistance
15.24unit, or when the participants in a two-parent assistance unit have a total ofseven three
15.25occurrences of noncompliance, the county agency shall close the MFIP assistance unit's
15.26financial assistance case, both the cash and food portions, and redetermine the family's
15.27continued eligibility for food support payments. The MFIP case must remain closed for a
15.28minimum of one full month. Before the case is closed, the county agency must review
15.29the participant's case to determine if the employment plan is still appropriate and attempt
15.30to meet with the participant face-to-face. The participant may bring an advocate to the
15.31face-to-face meeting. If a face-to-face meeting is not conducted, the county agency must
15.32send the participant a written notice that includes the information required under clause (1).
15.33(1) During the face-to-face meeting, the county agency must:
15.34(i) determine whether the continued noncompliance can be explained and mitigated
15.35by providing a needed preemployment activity, as defined in section256J.49, subdivision
15.3613 , clause (9);
16.1(ii) determine whether the participant qualifies for a good cause exception under
16.2section256J.57 , or if the sanction is for noncooperation with child support requirements,
16.3determine if the participant qualifies for a good cause exemption under section256.741,
16.4subdivision 10 ;
16.5(iii) determine whether the work activities in the employment plan are appropriate
16.6based on the criteria in section256J.521, subdivision 2 or 3;
16.7(iv) determine whether the participant qualifies for the family violence waiver;
16.8(v) inform the participant of the participant's sanction status and explain the
16.9consequences of continuing noncompliance;
16.10(vi) identify other resources that may be available to the participant to meet the
16.11needs of the family; and
16.12(vii) inform the participant of the right to appeal under section256J.40 .
16.13(2) If the lack of an identified activity or service can explain the noncompliance, the
16.14county must work with the participant to provide the identified activity.
16.15(3) The grant must be restored to the full amount for which the assistance unit is
16.16eligible retroactively to the first day of the month in which the participant was found to
16.17lack preemployment activities or to qualify for a family violence waiver or for a good
16.18cause exemption under section256.741, subdivision 10 , or
256J.57 .
16.19(e) For the purpose of applying sanctions under this section, only occurrences of
16.20noncompliance that occur after July 1,2003 2012, shall be considered. If the participant
16.21is in 30 percent sanction in the month this section takes effect, that month counts as the
16.22first occurrence for purposes of applying the sanctions under this section, but the sanction
16.23shall remain at 30 percent for that month.
16.24(f) An assistance unit whose case is closed under paragraph (d) or (g), may
16.25reapply for MFIP and shall be eligible if the participant complies with MFIP program
16.26requirements and demonstrates compliance for up to one month. No assistance shall be
16.27paid during this period.
16.28(g) An assistance unit whose case has been closed for noncompliance, that reapplies
16.29under paragraph (f), is subject to sanction under paragraph (c), clause (2), for a first
16.30occurrence of noncompliance. Any subsequent occurrence of noncompliance shall result
16.31in case closure under paragraph (d).
16.32 Sec. 19. Minnesota Statutes 2010, section 256J.50, subdivision 6, is amended to read:
16.33 Subd. 6. Explanatory materials required. The county must:
16.34(1) explain to applicants and recipients and provide explanatory materials regarding
16.35the relationship between the60-month 36-month time limit on assistance funded with
17.1TANF dollars and the receipt of various benefits, including cash assistance, food stamps or
17.2food support, medical assistance, and child care assistance; and
17.3(2) provide assistance to applicants and recipients to enable them to minimize the
17.4use of their60 36 allowable months of TANF-funded assistance.
17.5EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
17.6applicants who apply on or after that date.
17.7 Sec. 20. Minnesota Statutes 2010, section 256J.50, subdivision 10, is amended to read:
17.8 Subd. 10. Required notification to victims of family violence. (a) County
17.9agencies and their contractors must provide universal notification to all applicants and
17.10recipients of MFIP that:
17.11(1) referrals to counseling and supportive services are available for victims of family
17.12violence;
17.13(2) nonpermanent resident battered individuals married to United States citizens or
17.14permanent residents may be eligible to petition for permanent residency under the federal
17.15Violence Against Women Act, and that referrals to appropriate legal services are available;
17.16(3) victims of family violence are exempt from the60-month 36-month limit on
17.17assistance if they are complying with an employment plan under section256J.521,
17.18subdivision 3 ; and
17.19(4) victims of family violence may choose to have regular work requirements waived
17.20while the individual is complying with an employment plan under section256J.521,
17.21subdivision 3 .
17.22(b) If an employment plan under section256J.521, subdivision 3 , is denied, the
17.23county or a job counselor must provide reasons why the plan is not approved and document
17.24how the denial of the plan does not interfere with the safety of the participant or children.
17.25Notification must be in writing and orally at the time of application and
17.26recertification, when the individual is referred to the title IV-D child support agency, and
17.27at the beginning of any job training or work placement assistance program.
17.28EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
17.29applicants who apply on or after that date.
17.30 Sec. 21. Minnesota Statutes 2010, section 256J.575, subdivision 3, is amended to read:
17.31 Subd. 3. Eligibility. (a) The following MFIP participants are eligible for the
17.32services under this section:
18.1 (1) a participant who meets the requirements for or has been granted a hardship
18.2extension under section256J.425, subdivision 2 or 3, except that it is not necessary for
18.3the participant to have reached or be approaching60 36 months of eligibility for this
18.4section to apply;
18.5 (2) a participant who is applying for Supplemental Security Income or Social
18.6Security disability insurance;
18.7 (3) a participant who is a noncitizen who has been in the United States for 12 or
18.8fewer months; and
18.9(4) a participant who is age 60 or older.
18.10 (b) Families must meet all other eligibility requirements for MFIP established in
18.11this chapter. Families are eligible for financial assistance to the same extent as if they
18.12were participating in MFIP.
18.13 (c) A participant under paragraph (a), clause (3), must be provided with English as a
18.14second language opportunities and skills training for up to 12 months. After 12 months,
18.15the case manager and participant must determine whether the participant should continue
18.16with English as a second language classes or skills training, or both, and continue to
18.17receive family stabilization services.
18.18(d) If a county agency or employment services provider has information that an
18.19MFIP participant may meet the eligibility criteria set forth in this subdivision, the county
18.20agency or employment services provider must assist the participant in obtaining the
18.21documentation necessary to determine eligibility.
18.22EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
18.23applicants who apply on or after that date.
18.24 Sec. 22. Minnesota Statutes 2010, section 256J.621, is amended to read:
18.25256J.621 WORK PARTICIPATION CASH BENEFITS.
18.26 (a) Effective October 1, 2009, upon exiting the diversionary work program (DWP)
18.27or upon terminating the Minnesota family investment program with earnings, a participant
18.28who is employed may be eligible for work participation cash benefits of $25 per month
18.29to assist in meeting the family's basic needs as the participant continues to move toward
18.30self-sufficiency.
18.31 (b) To be eligible for work participation cash benefits, the participant shall not
18.32receive MFIP or diversionary work program assistance during the month and the
18.33participant or participants must meet the following work requirements:
19.1 (1) if the participant is a single caregiver and has a child under six years of age, the
19.2participant must be employed at least 87 hours per month;
19.3 (2) if the participant is a single caregiver and does not have a child under six years of
19.4age, the participant must be employed at least 130 hours per month; or
19.5 (3) if the household is a two-parent family, at least one of the parents must be
19.6employed an average of at least 130 hours per month.
19.7 Whenever a participant exits the diversionary work program or is terminated from
19.8MFIP and meets the other criteria in this section, work participation cash benefits are
19.9available for up to 24 consecutive months.
19.10 (c) Expenditures on the program are maintenance of effort state funds under
19.11a separate state program for participants under paragraph (b), clauses (1) and (2).
19.12Expenditures for participants under paragraph (b), clause (3), are nonmaintenance of effort
19.13funds. Months in which a participant receives work participation cash benefits under this
19.14section do not count toward the participant's MFIP60-month 36-month time limit.
19.15EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
19.16applicants who apply on or after that date.
19.17 Sec. 23. Minnesota Statutes 2010, section 256J.626, subdivision 2, is amended to read:
19.18 Subd. 2. Allowable expenditures. (a) The commissioner must restrict expenditures
19.19under the consolidated fund to benefits and services allowed under title IV-A of the federal
19.20Social Security Act. Allowable expenditures under the consolidated fund may include, but
19.21are not limited to:
19.22 (1) short-term, nonrecurring shelter and utility needs that are excluded from the
19.23definition of assistance under Code of Federal Regulations, title 45, section260.31 , for
19.24families who meet the residency requirement in section256J.12, subdivisions 1 and 1a .
19.25Payments under this subdivision are not considered TANF cash assistance and are not
19.26countedtowards toward the 60-month 36-month time limit;
19.27 (2) transportation needed to obtain or retain employment or to participate in other
19.28approved work activities or activities under a family stabilization plan;
19.29 (3) direct and administrative costs of staff to deliver employment services for
19.30MFIP, the diversionary work program, or family stabilization services; to administer
19.31financial assistance; and to provide specialized services intended to assist hard-to-employ
19.32participants to transition to work or transition from family stabilization services to MFIP;
19.33 (4) costs of education and training including functional work literacy and English as
19.34a second language;
20.1 (5) cost of work supports including tools, clothing, boots, telephone service, and
20.2other work-related expenses;
20.3 (6) county administrative expenses as defined in Code of Federal Regulations, title
20.445, section 260(b);
20.5 (7) services to parenting and pregnant teens;
20.6 (8) supported work;
20.7 (9) wage subsidies;
20.8 (10) child care needed for MFIP, the diversionary work program, or family
20.9stabilization services participants to participate in social services;
20.10 (11) child care to ensure that families leaving MFIP or diversionary work program
20.11will continue to receive child care assistance from the time the family no longer qualifies
20.12for transition year child care until an opening occurs under the basic sliding fee child
20.13care program;
20.14 (12) services to help noncustodial parents who live in Minnesota and have minor
20.15children receiving MFIP or DWP assistance, but do not live in the same household as the
20.16child, obtain or retain employment; and
20.17 (13) services to help families participating in family stabilization services achieve
20.18the greatest possible degree of self-sufficiency.
20.19 (b) Administrative costs that are not matched with county funds as provided in
20.20subdivision 8 may not exceed 7.5 percent of a county's or 15 percent of a tribe's allocation
20.21under this section. The commissioner shall define administrative costs for purposes of
20.22this subdivision.
20.23 (c) The commissioner may waive the cap on administrative costs for a county or tribe
20.24that elects to provide an approved supported employment, unpaid work, or community
20.25work experience program for a major segment of the county's or tribe's MFIP population.
20.26The county or tribe must apply for the waiver on forms provided by the commissioner. In
20.27no case shall total administrative costs exceed the TANF limits.
20.28EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
20.29applicants who apply on or after that date.
20.30 Sec. 24. Minnesota Statutes 2010, section 256J.751, subdivision 1, is amended to read:
20.31 Subdivision 1. Monthly county caseload report. The commissioner shall report
20.32monthly to each county the following caseload information:
20.33(1) total number of cases receiving MFIP, and subtotals of cases with one eligible
20.34parent, two eligible parents, and an eligible caregiver who is not a parent;
20.35(2) total number of child only assistance cases;
21.1(3) total number of eligible adults and children receiving an MFIP grant, and
21.2subtotals for cases with one eligible parent, two eligible parents, an eligible caregiver
21.3who is not a parent, and child only cases;
21.4(4) number of cases with an exemption from the60-month 36-month time limit
21.5based on a family violence waiver;
21.6(5) number of MFIP cases with work hours, and subtotals for cases with one eligible
21.7parent, two eligible parents, and an eligible caregiver who is not a parent;
21.8(6) number of employed MFIP cases, and subtotals for cases with one eligible
21.9parent, two eligible parents, and an eligible caregiver who is not a parent;
21.10(7) average monthly gross earnings, and averages for subgroups of cases with one
21.11eligible parent, two eligible parents, and an eligible caregiver who is not a parent;
21.12(8) number of employed cases receiving only the food portion of assistance;
21.13(9) number of parents or caregivers exempt from work activity requirements, with
21.14subtotals for each exemption type; and
21.15(10) number of cases with a sanction, with subtotals by level of sanction for cases
21.16with one eligible parent, two eligible parents, and an eligible caregiver who is not a parent.
21.17EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
21.18applicants who apply on or after that date.
1.3MFIP sanctions; modifying the MFIP time limit; modifying the MFIP exit
1.4level;amending Minnesota Statutes 2010, sections 256J.08, subdivisions 34b,
1.551b; 256J.24, subdivision 10; 256J.26, subdivision 1; 256J.32, subdivisions
1.64, 6; 256J.415; 256J.42, subdivisions 1, 4, 5, 6; 256J.425, subdivisions 1, 4,
1.74a, 5, 6; 256J.45, subdivision 2; 256J.46, subdivision 1; 256J.50, subdivisions
1.86, 10; 256J.575, subdivision 3; 256J.621; 256J.626, subdivision 2; 256J.751,
1.9subdivision 1.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2010, section 256J.08, subdivision 34b, is amended to
1.12read:
1.13 Subd. 34b. Family violence waiver. "Family violence waiver" means a waiver of
1.14the
1.15in section
1.16subdivision 3
1.17EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
1.18applicants who apply on or after that date.
1.19 Sec. 2. Minnesota Statutes 2010, section 256J.08, subdivision 51b, is amended to read:
1.20 Subd. 51b. Learning disabled. "Learning disabled," for purposes of an extension
1.21to the
1.22means the person has a disorder in one or more of the psychological processes involved in
1.23perceiving, understanding, or using concepts through verbal language or nonverbal means.
1.24Learning disabled does not include learning problems that are primarily the result of
2.1visual, hearing, or motor disabilities; developmental disability; emotional disturbance; or
2.2due to environmental, cultural, or economic disadvantage.
2.3EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
2.4applicants who apply on or after that date.
2.5 Sec. 3. Minnesota Statutes 2010, section 256J.24, subdivision 10, is amended to read:
2.6 Subd. 10. MFIP exit level. The commissioner shall adjust the MFIP earned
2.7income disregard to ensure that most participants do not lose eligibility for MFIP until
2.8their income reaches at least
2.9time of the adjustment. The adjustment to the disregard shall be based on a household
2.10size of three, and the resulting earned income disregard percentage must be applied to all
2.11household sizes. The adjustment under this subdivision must be implemented whenever a
2.12Supplemental Nutrition Assistance Program adjustment is reflected in the food portion of
2.13the MFIP transitional standard as required under subdivision 5a.
2.14 Sec. 4. Minnesota Statutes 2010, section 256J.26, subdivision 1, is amended to read:
2.15 Subdivision 1. Person convicted of drug offenses. (a)
2.16An individual who
2.17
2.18
2.19disqualified from receiving MFIP.
2.20
2.21
2.22
2.23
2.24
2.25
2.26
2.27
2.28
2.29
2.30
2.31
2.32
2.33
2.34
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19
3.20
3.21
3.22
3.23
3.24
3.25
3.26
3.27
3.28
3.29
3.30
3.31
3.32
3.33
3.34
3.35
3.36
4.1
4.2
4.3
4.4
4.5
4.6occurred after July 1, 1997, of sections
4.8use, or distribution of a controlled substance, or conspiracy to commit any of these
4.9offenses, if the offense occurred after July 1, 1997, and the conviction is a felony offense
4.10in that jurisdiction, or in the case of New Jersey, a high misdemeanor.
4.11EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
4.12applicants who apply on or after that date and for all recertifications occurring on or
4.13after that date.
4.14 Sec. 5. Minnesota Statutes 2010, section 256J.32, subdivision 4, is amended to read:
4.15 Subd. 4. Factors to be verified. (a) The county agency shall verify the following
4.16at application:
4.17(1) identity of adults;
4.18(2) presence of the minor child in the home, if questionable;
4.19(3) relationship of a minor child to caregivers in the assistance unit;
4.20(4) age, if necessary to determine MFIP eligibility;
4.21(5) immigration status;
4.22(6) Social Security number according to the requirements of section
4.23subdivision 12
4.24(7) income;
4.25(8) self-employment expenses used as a deduction;
4.26(9) source and purpose of deposits and withdrawals from business accounts;
4.27(10) spousal support and child support payments made to persons outside the
4.28household;
4.29(11) real property;
4.30(12) vehicles;
4.31(13) checking and savings accounts;
4.32(14) savings certificates, savings bonds, stocks, and individual retirement accounts;
4.33(15) pregnancy, if related to eligibility;
4.34(16) inconsistent information, if related to eligibility;
4.35(17) burial accounts;
5.1(18) school attendance, if related to eligibility;
5.2(19) residence;
5.3(20) criminal history by conducting a background study to determine if an applicant
5.4was convicted of a drug or disqualifying offense under section 256J.26, during the
5.5previous ten years from the date of application. Applicants must provide the county with
5.6a set of classifiable fingerprints obtained from an authorized agency when the county
5.7has reasonable cause to believe that an applicant has a criminal history in a jurisdiction
5.8other than Minnesota;
5.9
5.10violence waiver;
5.11
5.12requirements under section
5.13employment plan under section
5.14
5.15subdivision 9
5.16(b) The applicant must pay for the background study required under paragraph
5.17(a), clause (20); if the applicant is found to be eligible for MFIP, the applicant shall be
5.18reimbursed for the cost of the background study at the time the first monthly grant is
5.19awarded.
5.20EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
5.21applicants who apply on or after that date.
5.22 Sec. 6. Minnesota Statutes 2010, section 256J.32, subdivision 6, is amended to read:
5.23 Subd. 6. Recertification. (a) The county agency shall recertify eligibility in an
5.24annual face-to-face interview with the participant and verify the following:
5.25 (1) presence of the minor child in the home, if questionable;
5.26 (2) income, unless excluded, including self-employment expenses used as a
5.27deduction or deposits or withdrawals from business accounts;
5.28 (3) assets when the value is within $200 of the asset limit;
5.29 (4) information to establish an exception under section
5.30questionable;
5.31 (5) inconsistent information, if related to eligibility;
5.32 (6) whether a single caregiver household meets requirements in section
5.33subdivision 3
5.34(7) criminal history by conducting a background study to determine if a recipient
5.35was convicted of a drug or disqualifying offense under section 256J.26, during the
6.1previous ten years from the date of recertification. Recipients must provide the county
6.2with a set of classifiable fingerprints obtained from an authorized agency when the county
6.3has reasonable cause to believe that a recipient has a criminal history in a jurisdiction
6.4other than Minnesota.
6.5(b) The recipient must pay for the background study required under paragraph
6.6(a), clause (7); if the recipient continues to be eligible for MFIP, the recipient shall be
6.7reimbursed for the cost of the background study at the time the next monthly grant is
6.8awarded.
6.9EFFECTIVE DATE.This section is effective July 1, 2012, for all MFIP
6.10recertifications that occur on or after that date.
6.11 Sec. 7. Minnesota Statutes 2010, section 256J.415, is amended to read:
6.12256J.415 NOTICE OF 12 MONTHS OF TANF ASSISTANCE REMAINING.
6.13(a) The county agency shall mail a notice to each assistance unit when the assistance
6.14unit has 12 months of TANF assistance remaining and each month thereafter until the
6.15
6.16of human services and must contain information about the
6.17number of months the participant has remaining, the hardship extension policy, and any
6.18other information that the commissioner deems pertinent to an assistance unit nearing the
6.19
6.20(b) For applicants who have less than 12 months remaining in the
6.2136-month time limit because the unit previously received TANF assistance in Minnesota
6.22or another state, the county agency shall notify the applicant of the number of months of
6.23TANF remaining when the application is approved and begin the process required in
6.24paragraph (a).
6.25EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
6.26applicants who apply on or after that date.
6.27 Sec. 8. Minnesota Statutes 2010, section 256J.42, subdivision 1, is amended to read:
6.28 Subdivision 1. Time limit. (a) Except as otherwise provided for in this section,
6.29an assistance unit in which any adult caregiver has received
6.30assistance funded in whole or in part by the TANF block grant in this or any other state
6.31or United States territory, or from a tribal TANF program, MFIP, the AFDC program
6.32formerly codified in sections
6.33formerly codified in sections
7.1appropriations, is ineligible to receive MFIP. Any cash assistance funded with TANF
7.2dollars in this or any other state or United States territory, or from a tribal TANF program,
7.3or MFIP assistance funded in whole or in part by state appropriations, that was received by
7.4the unit on or after the date TANF was implemented, including any assistance received in
7.5states or United States territories of prior residence, counts toward the
7.6limitation. Months during which any cash assistance is received by an assistance unit with
7.7a mandatory member who is disqualified for wrongfully obtaining public assistance under
7.8section
7.9The
7.10The
7.11provision to apply.
7.12 (b) The months before July 1998 in which individuals received assistance as part of
7.13the field trials as an MFIP, MFIP-R, or MFIP or MFIP-R comparison group family are not
7.14included in the
7.15EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
7.16applicants who apply on or after that date.
7.17 Sec. 9. Minnesota Statutes 2010, section 256J.42, subdivision 4, is amended to read:
7.18 Subd. 4. Victims of family violence. Any cash assistance received by an assistance
7.19unit in a month when a caregiver complied with a safety plan, an alternative employment
7.20plan, or an employment plan under section
7.21the
7.22EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
7.23applicants who apply on or after that date.
7.24 Sec. 10. Minnesota Statutes 2010, section 256J.42, subdivision 5, is amended to read:
7.25 Subd. 5. Exemption for certain families. (a) Any cash assistance received by an
7.26assistance unit does not count toward the
7.27month in which the caregiver is age 60 or older.
7.28(b) From July 1, 1997, until the date MFIP is operative in the caregiver's county of
7.29financial responsibility, any cash assistance received by a caregiver who is complying
7.30with Minnesota Statutes 1996, section
7.311998, section
7.32on assistance. Thereafter, any cash assistance received by a minor caregiver who is
8.1complying with the requirements of sections
8.2count
8.3(c) Any diversionary assistance or emergency assistance received prior to July 1,
8.42003, does not count toward the
8.5(d) Any cash assistance received by an 18- or 19-year-old caregiver who is
8.6complying with an employment plan that includes an education option under section
8.8(e) Payments provided to meet short-term emergency needs under section
8.10toward the
8.11EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
8.12applicants who apply on or after that date.
8.13 Sec. 11. Minnesota Statutes 2010, section 256J.42, subdivision 6, is amended to read:
8.14 Subd. 6. Case review. (a) Within 180 days, but not less than 60 days, before the
8.15end of the participant's
8.16must review the participant's case to determine if the employment plan is still appropriate
8.17and attempt to meet with the participant face-to-face.
8.18(b) During the face-to-face meeting, a county agency or the job counselor must:
8.19(1) inform the participant how many months of counted assistance the participant
8.20has accrued and when the participant is expected to reach the 60th month;
8.21(2) explain the hardship extension criteria under section
8.22participant should do if the participant thinks a hardship extension applies;
8.23(3) identify other resources that may be available to the participant to meet the
8.24needs of the family; and
8.25(4) inform the participant of the right to appeal the case closure under section
8.27(c) If a face-to-face meeting is not possible, the county agency must send the
8.28participant a notice of adverse action as provided in section
8.29(d) Before a participant's case is closed under this section, the county must ensure
8.30that:
8.31(1) the case has been reviewed by the job counselor's supervisor or the review team
8.32designated by the county to determine if the criteria for a hardship extension, if requested,
8.33were applied appropriately; and
8.34(2) the county agency or the job counselor attempted to meet with the participant
8.35face-to-face.
9.1EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
9.2applicants who apply on or after that date.
9.3 Sec. 12. Minnesota Statutes 2010, section 256J.425, subdivision 1, is amended to read:
9.4 Subdivision 1. Eligibility. (a) To be eligible for a hardship extension, a participant
9.5in an assistance unit subject to the time limit under section
9.6in compliance in the participant's
9.7eligibility for a hardship extension, a participant is in compliance in any month that the
9.8participant has not been sanctioned. In order to maintain eligibility for any of the hardship
9.9extension categories a participant shall develop and comply with either an employment
9.10plan or a family stabilization services plan, whichever is appropriate.
9.11 (b) If one participant in a two-parent assistance unit is determined to be ineligible for
9.12a hardship extension, the county shall give the assistance unit the option of disqualifying
9.13the ineligible participant from MFIP. In that case, the assistance unit shall be treated as a
9.14one-parent assistance unit and the assistance unit's MFIP grant shall be calculated using
9.15the shared household standard under section
9.16 (c) Prior to denying an extension, the county must review the sanction status and
9.17determine whether the sanction is appropriate or if good cause exists under section
9.19cause exception before the end of month
9.20an extension.
9.21EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
9.22applicants who apply on or after that date.
9.23 Sec. 13. Minnesota Statutes 2010, section 256J.425, subdivision 4, is amended to read:
9.24 Subd. 4. Employed participants. (a) An assistance unit subject to the time limit
9.25under section
9.26extension if the participant who reached the time limit belongs to:
9.27(1) a one-parent assistance unit in which the participant is participating in work
9.28activities for at least 30 hours per week, of which an average of at least 25 hours per week
9.29every month are spent participating in employment;
9.30(2) a two-parent assistance unit in which the participants are participating in work
9.31activities for at least 55 hours per week, of which an average of at least 45 hours per week
9.32every month are spent participating in employment; or
9.33(3) an assistance unit in which a participant is participating in employment for fewer
9.34hours than those specified in clause (1), and the participant submits verification from a
10.1qualified professional, in a form acceptable to the commissioner, stating that the number
10.2of hours the participant may work is limited due to illness or disability, as long as the
10.3participant is participating in employment for at least the number of hours specified by the
10.4qualified professional. The participant must be following the treatment recommendations
10.5of the qualified professional providing the verification. The commissioner shall develop a
10.6form to be completed and signed by the qualified professional, documenting the diagnosis
10.7and any additional information necessary to document the functional limitations of the
10.8participant that limit work hours. If the participant is part of a two-parent assistance unit,
10.9the other parent must be treated as a one-parent assistance unit for purposes of meeting the
10.10work requirements under this subdivision.
10.11(b) For purposes of this section, employment means:
10.12(1) unsubsidized employment under section
10.13(2) subsidized employment under section
10.14(3) on-the-job training under section
10.15(4) an apprenticeship under section
10.16(5) supported work under section
10.17(6) a combination of clauses (1) to (5); or
10.18(7) child care under section
10.19with paid employment.
10.20(c) If a participant is complying with a child protection plan under chapter 260C,
10.21the number of hours required under the child protection plan count toward the number
10.22of hours required under this subdivision.
10.23(d) The county shall provide the opportunity for subsidized employment to
10.24participants needing that type of employment within available appropriations.
10.25(e) To be eligible for a hardship extension for employed participants under this
10.26subdivision, a participant must be in compliance for at least ten out of the 12 months
10.27the participant received MFIP immediately preceding the participant's
10.28on assistance. If ten or fewer months of eligibility for TANF assistance remain at the
10.29time the participant from another state applies for assistance, the participant must be in
10.30compliance every month.
10.31(f) The employment plan developed under section
10.32participants under this subdivision must contain at least the minimum number of hours
10.33specified in paragraph (a) for the purpose of meeting the requirements for an extension
10.34under this subdivision. The job counselor and the participant must sign the employment
10.35plan to indicate agreement between the job counselor and the participant on the contents
10.36of the plan.
11.1(g) Participants who fail to meet the requirements in paragraph (a), without good
11.2cause under section
11.3subdivision 6. Good cause may only be granted for that portion of the month for which
11.4the good cause reason applies. Participants must meet all remaining requirements in the
11.5approved employment plan or be subject to sanction or permanent disqualification.
11.6(h) If the noncompliance with an employment plan is due to the involuntary loss of
11.7employment, the participant is exempt from the hourly employment requirement under
11.8this subdivision for one month. Participants must meet all remaining requirements in the
11.9approved employment plan or be subject to sanction or permanent disqualification. This
11.10exemption is available to each participant two times in a 12-month period.
11.11EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
11.12applicants who apply on or after that date.
11.13 Sec. 14. Minnesota Statutes 2010, section 256J.425, subdivision 4a, is amended to read:
11.14 Subd. 4a. Hardship extension pending documentation. If the documentation
11.15needed to determine if a participant is eligible for a hardship extension under subdivision 2
11.16or 3 is not available by the
11.17pending receipt of the documentation if the county believes the participant is likely to
11.18qualify for a hardship extension and the participant is cooperating with efforts to obtain
11.19the documentation. If the participant is found to be not eligible for an extension, the
11.20participant may be responsible for an overpayment.
11.21EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
11.22applicants who apply on or after that date.
11.23 Sec. 15. Minnesota Statutes 2010, section 256J.425, subdivision 5, is amended to read:
11.24 Subd. 5. Accrual of certain exempt months. (a) Participants who are not eligible
11.25for assistance under a hardship extension under this section shall be eligible for a hardship
11.26extension for a period of time equal to the number of months that were counted toward the
11.27
11.28adult in the household who meets the disability or medical criteria for home care services
11.29under section
11.30waiver services program under chapter 256B, or meets the criteria for severe emotional
11.31disturbance under section
11.32illness under section
11.33requirements in section
12.1(b) A participant who received MFIP assistance that counted toward the
12.236-month time limit while the participant met the state time limit exemption criteria under
12.3section
12.4for a period of time equal to the number of months that were counted toward the
12.536-month time limit while the participant met the state time limit exemption criteria
12.6under section
12.7(c) After the accrued months have been exhausted, the county agency must
12.8determine if the assistance unit is eligible for an extension under another extension
12.9category in subdivision 2, 3, or 4.
12.10(d) At the time of the case review, a county agency must explain to the participant
12.11the basis for receiving a hardship extension based on the accrual of exempt months.
12.12The participant must provide documentation necessary to enable the county agency to
12.13determine whether the participant is eligible to receive a hardship extension based on the
12.14accrual of exempt months or authorize a county agency to verify the information.
12.15(e) While receiving extended MFIP assistance under this subdivision, a participant is
12.16subject to the MFIP policies that apply to participants during the first
12.17MFIP, unless the participant is a member of a two-parent family in which one parent
12.18is extended under subdivision 3 or 4. For two-parent families in which one parent is
12.19extended under subdivision 3 or 4, the sanction provisions in subdivision 6 shall apply.
12.20EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
12.21applicants who apply on or after that date.
12.22 Sec. 16. Minnesota Statutes 2010, section 256J.425, subdivision 6, is amended to read:
12.23 Subd. 6. Sanctions for extended cases. (a) If one or both participants in an
12.24assistance unit receiving assistance under subdivision 3 or 4 are not in compliance with
12.25the employment and training service requirements in sections
12.26the sanctions under this subdivision apply. For a first occurrence of noncompliance,
12.27an assistance unit must be sanctioned under section
12.28(c), clause (1). For a second or third occurrence of noncompliance, the assistance unit
12.29must be sanctioned under section
12.30fourth occurrence of noncompliance, the assistance unit is disqualified from MFIP. If a
12.31participant is determined to be out of compliance, the participant may claim a good cause
12.32exception under section
12.33(b) If both participants in a two-parent assistance unit are out of compliance at the
12.34same time, it is considered one occurrence of noncompliance.
13.1(c) When a parent in an extended two-parent assistance unit who has not used
13.236 months of assistance is out of compliance with the employment and training service
13.3requirements in sections
13.4clauses (1) and (2).
13.5(1) If the assistance unit is receiving assistance under subdivision 3 or 4, the
13.6assistance unit is subject to the sanction policy in this subdivision.
13.7(2) If the assistance unit is receiving assistance under subdivision 2, the assistance
13.8unit is subject to the sanction policy in section
13.9(d) If a two-parent assistance unit is extended under subdivision 3 or 4, and a parent
13.10who has not reached the
13.11employment and training services requirements in sections
13.12case is extended, the sanction in the
13.13purposes of applying the sanctions in this subdivision, except that the sanction amount
13.14shall be 30 percent.
13.15EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
13.16applicants who apply on or after that date.
13.17 Sec. 17. Minnesota Statutes 2010, section 256J.45, subdivision 2, is amended to read:
13.18 Subd. 2. General information. The MFIP orientation must consist of a presentation
13.19that informs caregivers of:
13.20(1) the necessity to obtain immediate employment;
13.21(2) the work incentives under MFIP, including the availability of the federal earned
13.22income tax credit and the Minnesota working family tax credit;
13.23(3) the requirement to comply with the employment plan and other requirements
13.24of the employment and training services component of MFIP, including a description
13.25of the range of work and training activities that are allowable under MFIP to meet the
13.26individual needs of participants;
13.27(4) the consequences for failing to comply with the employment plan and other
13.28program requirements, and that the county agency may not impose a sanction when failure
13.29to comply is due to the unavailability of child care or other circumstances where the
13.30participant has good cause under subdivision 3;
13.31(5) the rights, responsibilities, and obligations of participants;
13.32(6) the types and locations of child care services available through the county agency;
13.33(7) the availability and the benefits of the early childhood health and developmental
13.34screening under sections
14.1(8) the caregiver's eligibility for transition year child care assistance under section
14.3(9) the availability of all health care programs, including transitional medical
14.4assistance;
14.5(10) the caregiver's option to choose an employment and training provider and
14.6information about each provider, including but not limited to, services offered, program
14.7components, job placement rates, job placement wages, and job retention rates;
14.8(11) the caregiver's option to request approval of an education and training plan
14.9according to section
14.10(12) the work study programs available under the higher education system; and
14.11(13) information about the
14.12family violence waiver and referral information about shelters and programs for victims
14.13of family violence.
14.14EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
14.15applicants who apply on or after that date.
14.16 Sec. 18. Minnesota Statutes 2010, section 256J.46, subdivision 1, is amended to read:
14.17 Subdivision 1. Participants not complying with program requirements. (a)
14.18A participant who fails without good cause under section
14.19requirements of this chapter, and who is not subject to a sanction under subdivision 2,
14.20shall be subject to a sanction as provided in this subdivision. Prior to the imposition of
14.21a sanction, a county agency shall provide a notice of intent to sanction under section
14.23in section
14.24(b) A sanction under this subdivision becomes effective the month following the
14.25month in which a required notice is given. A sanction must not be imposed when a
14.26participant comes into compliance with the requirements for orientation under section
14.28when a participant comes into compliance with the requirements for employment and
14.29training services under sections
14.30of the sanction. For purposes of this subdivision, each month that a participant fails to
14.31comply with a requirement of this chapter shall be considered a separate occurrence of
14.32noncompliance. If both participants in a two-parent assistance unit are out of compliance
14.33at the same time, it is considered one occurrence of noncompliance.
14.34(c) Sanctions for noncompliance shall be imposed as follows:
15.1(1) For the first occurrence of noncompliance by a participant in an assistance unit,
15.2the assistance unit's grant shall be reduced by ten percent of the MFIP standard of need
15.3for an assistance unit of the same size with the residual grant paid to the participant. The
15.4reduction in the grant amount must be in effect for a minimum of one month and shall be
15.5removed in the month following the month that the participant returns to compliance.
15.6(2) For a second
15.7participant in an assistance unit, the assistance unit's shelter costs shall be vendor paid
15.8up to the amount of the cash portion of the MFIP grant for which the assistance unit is
15.9eligible. At county option, the assistance unit's utilities may also be vendor paid up to
15.10the amount of the cash portion of the MFIP grant remaining after vendor payment of the
15.11assistance unit's shelter costs. The residual amount of the grant after vendor payment, if
15.12any, must be reduced by an amount equal to 30 percent of the MFIP standard of need for an
15.13assistance unit of the same size before the residual grant is paid to the assistance unit. The
15.14reduction in the grant amount must be in effect for a minimum of one month and shall be
15.15removed in the month following the month that the participant in a one-parent assistance
15.16unit returns to compliance. In a two-parent assistance unit, the grant reduction must
15.17be in effect for a minimum of one month and shall be removed in the month following
15.18the month both participants return to compliance. The vendor payment of shelter costs
15.19and, if applicable, utilities shall be removed six months after the month in which the
15.20participant or participants return to compliance. If an assistance unit is sanctioned under
15.21this clause, the participant's case file must be reviewed to determine if the employment
15.22plan is still appropriate.
15.23(d) For a
15.24unit, or when the participants in a two-parent assistance unit have a total of
15.25occurrences of noncompliance, the county agency shall close the MFIP assistance unit's
15.26financial assistance case, both the cash and food portions, and redetermine the family's
15.27continued eligibility for food support payments. The MFIP case must remain closed for a
15.28minimum of one full month. Before the case is closed, the county agency must review
15.29the participant's case to determine if the employment plan is still appropriate and attempt
15.30to meet with the participant face-to-face. The participant may bring an advocate to the
15.31face-to-face meeting. If a face-to-face meeting is not conducted, the county agency must
15.32send the participant a written notice that includes the information required under clause (1).
15.33(1) During the face-to-face meeting, the county agency must:
15.34(i) determine whether the continued noncompliance can be explained and mitigated
15.35by providing a needed preemployment activity, as defined in section
15.3613
16.1(ii) determine whether the participant qualifies for a good cause exception under
16.2section
16.3determine if the participant qualifies for a good cause exemption under section
16.4subdivision 10
16.5(iii) determine whether the work activities in the employment plan are appropriate
16.6based on the criteria in section
16.7(iv) determine whether the participant qualifies for the family violence waiver;
16.8(v) inform the participant of the participant's sanction status and explain the
16.9consequences of continuing noncompliance;
16.10(vi) identify other resources that may be available to the participant to meet the
16.11needs of the family; and
16.12(vii) inform the participant of the right to appeal under section
16.13(2) If the lack of an identified activity or service can explain the noncompliance, the
16.14county must work with the participant to provide the identified activity.
16.15(3) The grant must be restored to the full amount for which the assistance unit is
16.16eligible retroactively to the first day of the month in which the participant was found to
16.17lack preemployment activities or to qualify for a family violence waiver or for a good
16.18cause exemption under section
16.19(e) For the purpose of applying sanctions under this section, only occurrences of
16.20noncompliance that occur after July 1,
16.21is in 30 percent sanction in the month this section takes effect, that month counts as the
16.22first occurrence for purposes of applying the sanctions under this section, but the sanction
16.23shall remain at 30 percent for that month.
16.24(f) An assistance unit whose case is closed under paragraph (d) or (g), may
16.25reapply for MFIP and shall be eligible if the participant complies with MFIP program
16.26requirements and demonstrates compliance for up to one month. No assistance shall be
16.27paid during this period.
16.28(g) An assistance unit whose case has been closed for noncompliance, that reapplies
16.29under paragraph (f), is subject to sanction under paragraph (c), clause (2), for a first
16.30occurrence of noncompliance. Any subsequent occurrence of noncompliance shall result
16.31in case closure under paragraph (d).
16.32 Sec. 19. Minnesota Statutes 2010, section 256J.50, subdivision 6, is amended to read:
16.33 Subd. 6. Explanatory materials required. The county must:
16.34(1) explain to applicants and recipients and provide explanatory materials regarding
16.35the relationship between the
17.1TANF dollars and the receipt of various benefits, including cash assistance, food stamps or
17.2food support, medical assistance, and child care assistance; and
17.3(2) provide assistance to applicants and recipients to enable them to minimize the
17.4use of their
17.5EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
17.6applicants who apply on or after that date.
17.7 Sec. 20. Minnesota Statutes 2010, section 256J.50, subdivision 10, is amended to read:
17.8 Subd. 10. Required notification to victims of family violence. (a) County
17.9agencies and their contractors must provide universal notification to all applicants and
17.10recipients of MFIP that:
17.11(1) referrals to counseling and supportive services are available for victims of family
17.12violence;
17.13(2) nonpermanent resident battered individuals married to United States citizens or
17.14permanent residents may be eligible to petition for permanent residency under the federal
17.15Violence Against Women Act, and that referrals to appropriate legal services are available;
17.16(3) victims of family violence are exempt from the
17.17assistance if they are complying with an employment plan under section
17.18subdivision 3
17.19(4) victims of family violence may choose to have regular work requirements waived
17.20while the individual is complying with an employment plan under section
17.21subdivision 3
17.22(b) If an employment plan under section
17.23county or a job counselor must provide reasons why the plan is not approved and document
17.24how the denial of the plan does not interfere with the safety of the participant or children.
17.25Notification must be in writing and orally at the time of application and
17.26recertification, when the individual is referred to the title IV-D child support agency, and
17.27at the beginning of any job training or work placement assistance program.
17.28EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
17.29applicants who apply on or after that date.
17.30 Sec. 21. Minnesota Statutes 2010, section 256J.575, subdivision 3, is amended to read:
17.31 Subd. 3. Eligibility. (a) The following MFIP participants are eligible for the
17.32services under this section:
18.1 (1) a participant who meets the requirements for or has been granted a hardship
18.2extension under section
18.3the participant to have reached or be approaching
18.4section to apply;
18.5 (2) a participant who is applying for Supplemental Security Income or Social
18.6Security disability insurance;
18.7 (3) a participant who is a noncitizen who has been in the United States for 12 or
18.8fewer months; and
18.9(4) a participant who is age 60 or older.
18.10 (b) Families must meet all other eligibility requirements for MFIP established in
18.11this chapter. Families are eligible for financial assistance to the same extent as if they
18.12were participating in MFIP.
18.13 (c) A participant under paragraph (a), clause (3), must be provided with English as a
18.14second language opportunities and skills training for up to 12 months. After 12 months,
18.15the case manager and participant must determine whether the participant should continue
18.16with English as a second language classes or skills training, or both, and continue to
18.17receive family stabilization services.
18.18(d) If a county agency or employment services provider has information that an
18.19MFIP participant may meet the eligibility criteria set forth in this subdivision, the county
18.20agency or employment services provider must assist the participant in obtaining the
18.21documentation necessary to determine eligibility.
18.22EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
18.23applicants who apply on or after that date.
18.24 Sec. 22. Minnesota Statutes 2010, section 256J.621, is amended to read:
18.25256J.621 WORK PARTICIPATION CASH BENEFITS.
18.26 (a) Effective October 1, 2009, upon exiting the diversionary work program (DWP)
18.27or upon terminating the Minnesota family investment program with earnings, a participant
18.28who is employed may be eligible for work participation cash benefits of $25 per month
18.29to assist in meeting the family's basic needs as the participant continues to move toward
18.30self-sufficiency.
18.31 (b) To be eligible for work participation cash benefits, the participant shall not
18.32receive MFIP or diversionary work program assistance during the month and the
18.33participant or participants must meet the following work requirements:
19.1 (1) if the participant is a single caregiver and has a child under six years of age, the
19.2participant must be employed at least 87 hours per month;
19.3 (2) if the participant is a single caregiver and does not have a child under six years of
19.4age, the participant must be employed at least 130 hours per month; or
19.5 (3) if the household is a two-parent family, at least one of the parents must be
19.6employed an average of at least 130 hours per month.
19.7 Whenever a participant exits the diversionary work program or is terminated from
19.8MFIP and meets the other criteria in this section, work participation cash benefits are
19.9available for up to 24 consecutive months.
19.10 (c) Expenditures on the program are maintenance of effort state funds under
19.11a separate state program for participants under paragraph (b), clauses (1) and (2).
19.12Expenditures for participants under paragraph (b), clause (3), are nonmaintenance of effort
19.13funds. Months in which a participant receives work participation cash benefits under this
19.14section do not count toward the participant's MFIP
19.15EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
19.16applicants who apply on or after that date.
19.17 Sec. 23. Minnesota Statutes 2010, section 256J.626, subdivision 2, is amended to read:
19.18 Subd. 2. Allowable expenditures. (a) The commissioner must restrict expenditures
19.19under the consolidated fund to benefits and services allowed under title IV-A of the federal
19.20Social Security Act. Allowable expenditures under the consolidated fund may include, but
19.21are not limited to:
19.22 (1) short-term, nonrecurring shelter and utility needs that are excluded from the
19.23definition of assistance under Code of Federal Regulations, title 45, section
19.24families who meet the residency requirement in section
19.25Payments under this subdivision are not considered TANF cash assistance and are not
19.26counted
19.27 (2) transportation needed to obtain or retain employment or to participate in other
19.28approved work activities or activities under a family stabilization plan;
19.29 (3) direct and administrative costs of staff to deliver employment services for
19.30MFIP, the diversionary work program, or family stabilization services; to administer
19.31financial assistance; and to provide specialized services intended to assist hard-to-employ
19.32participants to transition to work or transition from family stabilization services to MFIP;
19.33 (4) costs of education and training including functional work literacy and English as
19.34a second language;
20.1 (5) cost of work supports including tools, clothing, boots, telephone service, and
20.2other work-related expenses;
20.3 (6) county administrative expenses as defined in Code of Federal Regulations, title
20.445, section 260(b);
20.5 (7) services to parenting and pregnant teens;
20.6 (8) supported work;
20.7 (9) wage subsidies;
20.8 (10) child care needed for MFIP, the diversionary work program, or family
20.9stabilization services participants to participate in social services;
20.10 (11) child care to ensure that families leaving MFIP or diversionary work program
20.11will continue to receive child care assistance from the time the family no longer qualifies
20.12for transition year child care until an opening occurs under the basic sliding fee child
20.13care program;
20.14 (12) services to help noncustodial parents who live in Minnesota and have minor
20.15children receiving MFIP or DWP assistance, but do not live in the same household as the
20.16child, obtain or retain employment; and
20.17 (13) services to help families participating in family stabilization services achieve
20.18the greatest possible degree of self-sufficiency.
20.19 (b) Administrative costs that are not matched with county funds as provided in
20.20subdivision 8 may not exceed 7.5 percent of a county's or 15 percent of a tribe's allocation
20.21under this section. The commissioner shall define administrative costs for purposes of
20.22this subdivision.
20.23 (c) The commissioner may waive the cap on administrative costs for a county or tribe
20.24that elects to provide an approved supported employment, unpaid work, or community
20.25work experience program for a major segment of the county's or tribe's MFIP population.
20.26The county or tribe must apply for the waiver on forms provided by the commissioner. In
20.27no case shall total administrative costs exceed the TANF limits.
20.28EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
20.29applicants who apply on or after that date.
20.30 Sec. 24. Minnesota Statutes 2010, section 256J.751, subdivision 1, is amended to read:
20.31 Subdivision 1. Monthly county caseload report. The commissioner shall report
20.32monthly to each county the following caseload information:
20.33(1) total number of cases receiving MFIP, and subtotals of cases with one eligible
20.34parent, two eligible parents, and an eligible caregiver who is not a parent;
20.35(2) total number of child only assistance cases;
21.1(3) total number of eligible adults and children receiving an MFIP grant, and
21.2subtotals for cases with one eligible parent, two eligible parents, an eligible caregiver
21.3who is not a parent, and child only cases;
21.4(4) number of cases with an exemption from the
21.5based on a family violence waiver;
21.6(5) number of MFIP cases with work hours, and subtotals for cases with one eligible
21.7parent, two eligible parents, and an eligible caregiver who is not a parent;
21.8(6) number of employed MFIP cases, and subtotals for cases with one eligible
21.9parent, two eligible parents, and an eligible caregiver who is not a parent;
21.10(7) average monthly gross earnings, and averages for subgroups of cases with one
21.11eligible parent, two eligible parents, and an eligible caregiver who is not a parent;
21.12(8) number of employed cases receiving only the food portion of assistance;
21.13(9) number of parents or caregivers exempt from work activity requirements, with
21.14subtotals for each exemption type; and
21.15(10) number of cases with a sanction, with subtotals by level of sanction for cases
21.16with one eligible parent, two eligible parents, and an eligible caregiver who is not a parent.
21.17EFFECTIVE DATE.This section is effective July 1, 2012, for all new MFIP
21.18applicants who apply on or after that date.
