Bill Text: MN SF2584 | 2011-2012 | 87th Legislature | Introduced


Bill Title: Minnesota Children and Family Investment Program Act

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-03-29 - Referred to Health and Human Services [SF2584 Detail]

Download: Minnesota-2011-SF2584-Introduced.html

1.1A bill for an act
1.2relating to human services; creating the Minnesota Children and Family
1.3Investment Program Act; modifying the MFIP and child care assistance
1.4programs; providing appointments; appropriating money;amending Minnesota
1.5Statutes 2010, sections 119B.025, subdivision 1; 119B.05, subdivision 1;
1.6256J.08, by adding a subdivision; 256J.45, subdivision 2; 256J.50, by adding
1.7a subdivision; 256J.521, subdivision 2; Minnesota Statutes 2011 Supplement,
1.8section 256J.49, subdivision 13; repealing Minnesota Statutes 2010, section
1.9256J.24, subdivision 6.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11    Section 1. CITATION.
1.12Sections 2 to 14 may be cited as the "Minnesota Children and Family Investment
1.13Program Act."

1.14    Sec. 2. LEGISLATIVE FINDINGS.
1.15The legislature finds that:
1.16(1) seven out of ten MFIP recipients are children;
1.17(2) children receiving MFIP assistance are living in poverty;
1.18(3) current MFIP policies are pushing children and their families deeper into poverty;
1.19(4) half of Minnesota children receiving MFIP assistance are under the age of five;
1.20(5) 90 percent of brain development occurs during the first five years of a child's
1.21life; and
1.22(6) research demonstrates that experiences affect the way a child's brain develops,
1.23and that adverse childhood experiences can produce toxic levels of stress and disrupt the
1.24architecture of a child's developing brain.

2.1    Sec. 3. Minnesota Statutes 2010, section 119B.025, subdivision 1, is amended to read:
2.2    Subdivision 1. Factors which must be verified. (a) The county shall verify the
2.3following at all initial child care applications using the universal application:
2.4(1) identity of adults;
2.5(2) presence of the minor child in the home, if questionable;
2.6(3) relationship of minor child to the parent, stepparent, legal guardian, eligible
2.7relative caretaker, or the spouses of any of the foregoing;
2.8(4) age;
2.9(5) immigration status, if related to eligibility;
2.10(6) Social Security number, if given;
2.11(7) income;
2.12(8) spousal support and child support payments made to persons outside the
2.13household;
2.14(9) residence; and
2.15(10) inconsistent information, if related to eligibility.
2.16(b) If a family did not use the universal application or child care addendum to apply
2.17for child care assistance, the family must complete the universal application or child care
2.18addendum at its next eligibility redetermination and the county must verify the factors
2.19listed in paragraph (a) as part of that redetermination. Once a family has completed a
2.20universal application or child care addendum, the county shall use the redetermination
2.21form described in paragraph (c) for that family's subsequent redeterminations. Eligibility
2.22must be redetermined at least every six 12 months. For a family where at least one parent
2.23is under the age of 21, does not have a high school or general equivalency diploma, and is
2.24a student in a school district or another similar program that provides or arranges for child
2.25care, as well as parenting, social services, career and employment supports, and academic
2.26support to achieve high school graduation, the redetermination of eligibility shall be
2.27deferred beyond six months, but not to exceed 12 months, to the end of the student's
2.28school year. If a family reports a change in an eligibility factor before the family's next
2.29regularly scheduled redetermination, the county must recalculate eligibility without
2.30requiring verification of any eligibility factor that did not change.
2.31(c) The commissioner shall develop a redetermination form to redetermine eligibility
2.32and a change report form to report changes that minimize paperwork for the county and
2.33the participant.

2.34    Sec. 4. Minnesota Statutes 2010, section 119B.05, subdivision 1, is amended to read:
3.1    Subdivision 1. Eligible participants. Families eligible for child care assistance
3.2under the MFIP child care program are:
3.3    (1) MFIP participants who are employed or in job search and meet the requirements
3.4of section 119B.10;
3.5    (2) persons who are members of transition year families under section 119B.011,
3.6subdivision 20
, and meet the requirements of section 119B.10;
3.7    (3) families who are participating in employment orientation or job search, or
3.8other employment or training activities that are included in an approved employability
3.9development plan under section 256J.95;
3.10    (4) MFIP families who are participating in work job search, job support,
3.11employment, or training activities as required in their employment plan, or in appeals,
3.12hearings, assessments, or orientations according to chapter 256J;
3.13    (5) MFIP families who are participating in social services activities under chapter
3.14256J as required in their employment plan approved according to chapter 256J;
3.15    (6) families who are participating in services or activities that are included in an
3.16approved family stabilization plan under section 256J.575;
3.17(7) MFIP child-only cases under section 256J.88 may be authorized to receive up to
3.1812 hours of MFIP child care assistance per week as approved by the county, if the child is
3.19not enrolled in any other early childhood programming;
3.20    (7) (8) families who are participating in programs as required in tribal contracts
3.21under section 119B.02, subdivision 2, or 256.01, subdivision 2; and
3.22    (8) (9) families who are participating in the transition year extension under section
3.23119B.011, subdivision 20a .

3.24    Sec. 5. Minnesota Statutes 2010, section 256J.08, is amended by adding a subdivision
3.25to read:
3.26    Subd. 11b. Child well-being. "Child well-being" means a child's developmental
3.27progress relative to the child's age, including cognitive, physical, emotional, and social
3.28development as measured through developmental screening tools, school achievement,
3.29health status, and other relevant standardized measures of development.

3.30    Sec. 6. Minnesota Statutes 2010, section 256J.45, subdivision 2, is amended to read:
3.31    Subd. 2. General information. (a) The MFIP orientation must consist of a
3.32presentation that informs caregivers of:
3.33(1) the necessity to obtain immediate employment;
4.1(2) the work incentives under MFIP, including the availability of the federal earned
4.2income tax credit and the Minnesota working family tax credit;
4.3(3) the requirement to comply with the employment plan and other requirements
4.4of the employment and training services component of MFIP, including a description
4.5of the range of work and training activities that are allowable under MFIP to meet the
4.6individual needs of participants;
4.7(4) the consequences for failing to comply with the employment plan and other
4.8program requirements, and that the county agency may not impose a sanction when failure
4.9to comply is due to the unavailability of child care or other circumstances where the
4.10participant has good cause under subdivision 3;
4.11(5) the rights, responsibilities, and obligations of participants;
4.12(6) the types and locations of child care services available through the county agency;
4.13(7) the availability and the benefits of the early childhood health and developmental
4.14screening under sections 121A.16 to 121A.19; 123B.02, subdivision 16; and 123B.10;
4.15(8) the caregiver's eligibility for transition year child care assistance under section
4.16119B.05 ;
4.17(9) the availability of all health care programs, including transitional medical
4.18assistance;
4.19(10) the caregiver's option to choose an employment and training provider and
4.20information about each provider, including but not limited to, services offered, program
4.21components, job placement rates, job placement wages, and job retention rates;
4.22(11) the caregiver's option to request approval of an education and training plan
4.23according to section 256J.53;
4.24(12) the work study programs available under the higher education system; and
4.25(13) information about the 60-month time limit exemptions under the family
4.26violence waiver and referral information about shelters and programs for victims of family
4.27violence; and
4.28(14) the availability and benefits of early childhood health and developmental
4.29screening and other early childhood resources and programs.
4.30(b) For MFIP caregivers who are exempt from attending the orientation under
4.31subdivision 1, the county agency must provide the information required under paragraph
4.32(a), clause (14), via other means.

4.33    Sec. 7. Minnesota Statutes 2011 Supplement, section 256J.49, subdivision 13, is
4.34amended to read:
5.1    Subd. 13. Work activity. (a) "Work activity" means any activity in a participant's
5.2approved employment plan that leads to employment. For purposes of the MFIP program,
5.3this includes activities that meet the definition of work activity under the participation
5.4requirements of TANF. Work activity includes:
5.5    (1) unsubsidized employment, including work study and paid apprenticeships or
5.6internships;
5.7    (2) subsidized private sector or public sector employment, including grant diversion
5.8as specified in section 256J.69, on-the-job training as specified in section 256J.66, paid
5.9work experience, and supported work when a wage subsidy is provided;
5.10    (3) unpaid work experience, including community service, volunteer work,
5.11the community work experience program as specified in section 256J.67, unpaid
5.12apprenticeships or internships, and supported work when a wage subsidy is not provided.
5.13Unpaid work experience is only an option if the participant has been unable to obtain or
5.14maintain paid employment in the competitive labor market, and no paid work experience
5.15programs are available to the participant. Prior to placing a participant in unpaid work,
5.16the county must inform the participant that the participant will be notified if a paid work
5.17experience or supported work position becomes available. Unless a participant consents in
5.18writing to participate in unpaid work experience, the participant's employment plan may
5.19only include unpaid work experience if including the unpaid work experience in the plan
5.20will meet the following criteria:
5.21    (i) the unpaid work experience will provide the participant specific skills or
5.22experience that cannot be obtained through other work activity options where the
5.23participant resides or is willing to reside; and
5.24    (ii) the skills or experience gained through the unpaid work experience will result
5.25in higher wages for the participant than the participant could earn without the unpaid
5.26work experience;
5.27    (4) job search including job readiness assistance, job clubs, job placement,
5.28job-related counseling, and job retention services;
5.29    (5) job readiness education, including English as a second language (ESL) or
5.30functional work literacy classes as limited by the provisions of section 256J.531,
5.31subdivision 2
, general educational development (GED) course work, high school
5.32completion, and adult basic education as limited by the provisions of section 256J.531,
5.33subdivision 1
;
5.34    (6) job skills training directly related to employment, including education and
5.35training that can reasonably be expected to lead to employment, as limited by the
5.36provisions of section 256J.53;
6.1    (7) providing child care services to a participant who is working in a community
6.2service program;
6.3    (8) activities included in the employment plan that is developed under section
6.4256J.521, subdivision 3 ; and
6.5    (9) preemployment activities including chemical and mental health assessments,
6.6treatment, and services; learning disabilities services; child protective services; family
6.7stabilization services; or other programs designed to enhance employability; and
6.8(10) attending a child's early childhood activities, including developmental
6.9screenings and subsequent referral and follow-up services. MFIP employment and training
6.10providers must coordinate with county social service agencies and health plans to assist
6.11recipients in arranging referrals indicated by screening results.
6.12(b) "Work activity" does not include activities done for political purposes as defined
6.13in section 211B.01, subdivision 6.

6.14    Sec. 8. Minnesota Statutes 2010, section 256J.50, is amended by adding a subdivision
6.15to read:
6.16    Subd. 13. Child development information. MFIP employment and training
6.17providers and county agencies shall post information regarding child development in areas
6.18easily accessible to families participating in MFIP.

6.19    Sec. 9. Minnesota Statutes 2010, section 256J.521, subdivision 2, is amended to read:
6.20    Subd. 2. Employment plan; contents. (a) Based on the assessment under
6.21subdivision 1, the job counselor and the participant must develop an employment plan
6.22that includes participation in activities and hours that meet the requirements of section
6.23256J.55, subdivision 1 . The purpose of the employment plan is to identify for each
6.24participant the most direct path to unsubsidized employment and any subsequent steps that
6.25support long-term economic stability. The employment plan should be developed using
6.26the highest level of activity appropriate for the participant. Activities must be chosen from
6.27clauses (1) to (6), which are listed in order of preference. Notwithstanding this order of
6.28preference for activities, priority must be given for activities related to a family violence
6.29waiver when developing the employment plan. The employment plan must also list the
6.30specific steps the participant will take to obtain employment, including steps necessary
6.31for the participant to progress from one level of activity to another, and a timetable for
6.32completion of each step. Levels of activity include:
6.33    (1) unsubsidized employment;
6.34    (2) job search;
7.1    (3) subsidized employment or unpaid work experience;
7.2    (4) unsubsidized employment and job readiness education or job skills training;
7.3    (5) unsubsidized employment or unpaid work experience and activities related to
7.4a family violence waiver or preemployment needs; and
7.5    (6) activities related to a family violence waiver or preemployment needs.
7.6    (b) Participants who are determined to possess sufficient skills such that the
7.7participant is likely to succeed in obtaining unsubsidized employment must job search at
7.8least 30 hours per week for up to six weeks and accept any offer of suitable employment.
7.9The remaining hours necessary to meet the requirements of section 256J.55, subdivision
7.101
, may be met through participation in other work activities under section 256J.49,
7.11subdivision 13
. The participant's employment plan must specify, at a minimum: (1)
7.12whether the job search is supervised or unsupervised; (2) support services that will
7.13be provided; and (3) how frequently the participant must report to the job counselor.
7.14Participants who are unable to find suitable employment after six weeks must meet
7.15with the job counselor to determine whether other activities in paragraph (a) should be
7.16incorporated into the employment plan. Job search activities which are continued after six
7.17weeks must be structured and supervised.
7.18    (c) Participants who are determined to have barriers to obtaining or maintaining
7.19suitable employment that will not be overcome during six weeks of job search under
7.20paragraph (b) must work with the job counselor to develop an employment plan that
7.21addresses those barriers by incorporating appropriate activities from paragraph (a), clauses
7.22(1) to (6). The employment plan must include enough hours to meet the participation
7.23requirements in section 256J.55, subdivision 1, unless a compelling reason to require
7.24fewer hours is noted in the participant's file.
7.25    (d) The job counselor and the participant must sign the employment plan to indicate
7.26agreement on the contents.
7.27    (e) Except as provided under paragraph (f), failure to develop or comply with
7.28activities in the plan, or voluntarily quitting suitable employment without good cause, will
7.29result in the imposition of a sanction under section 256J.46.
7.30    (f) When a participant fails to meet the agreed-upon hours of participation in paid
7.31employment because the participant is not eligible for holiday pay and the participant's
7.32place of employment is closed for a holiday, the job counselor shall not impose a sanction
7.33or increase the hours of participation in any other activity, including paid employment, to
7.34offset the hours that were missed due to the holiday.
7.35    (g) Employment plans must be reviewed at least every three months to determine
7.36whether activities and hourly requirements should be revised. At the time of the
8.1employment plan review, the job counselor must provide information to participants
8.2regarding early childhood development and resources for families. The job counselor
8.3is encouraged to allow participants who are participating in at least 20 hours of work
8.4activities to also participate in education and training activities in order to meet the federal
8.5hourly participation rates.

8.6    Sec. 10. TASK FORCE ON LOW-INCOME FAMILIES.
8.7    Subdivision 1. Purpose. A task force on low-income families is established to
8.8review the adequacy of state programs and tax policies to support low-income families.
8.9    Subd. 2. Membership. The task force shall include the following members:
8.10(1) the commissioner of economic development or designee;
8.11(2) the commissioner of health or designee;
8.12(3) the commissioner of human services or designee;
8.13(4) the commissioner of education or designee;
8.14(5) the commissioner of revenue or designee;
8.15(6) two county representatives appointed by the governor;
8.16(7) two advocates for low-income families appointed by the governor;
8.17(8) two members of the house of representatives, one from the majority party and
8.18one from the minority party, appointed by the speaker of the house; and
8.19(9) two members of the senate, one from the majority party and one from the
8.20minority party, appointed by the Subcommittee on Committees of the Committee on
8.21Rules and Administration.
8.22    Subd. 3. Staff. The Department of Employment and Economic Development shall
8.23provide staff support for the task force.
8.24    Subd. 4. Duties. Within the context of the state's projected workforce and economic
8.25development needs, the task force shall review current MFIP cash benefit levels and state
8.26programs and tax policies affecting low-income families. The task force shall consider
8.27the return on investment to the public and private sectors of family support policies such
8.28as paid sick leave, parental leave, early childhood programs, and family tax policies.
8.29The task force shall make recommendations to the legislature by January 15, 2014, to
8.30modify state programs and tax policies to improve family economic security and child
8.31well-being, including future worker productivity. The recommendations must be related to
8.32the Minnesota Milestones goals and measures.
8.33    Subd. 5. Expiration. The task force under this section expires on June 30, 2013.
8.34EFFECTIVE DATE.This section is effective the day following final enactment.

9.1    Sec. 11. MFIP MENTORING PILOT PROGRAM.
9.2$....... is appropriated to the commissioner of human services from the general fund
9.3in fiscal year 2013 for the purpose of providing grants to help local communities to train
9.4and support volunteers mentoring families receiving MFIP. Organizations must apply for
9.5grant funds according to the timelines and on the forms prescribed by the commissioner.
9.6Organizations receiving grant funding must model their project on the circles of support
9.7model. Projects must focus on reducing parents' and their children's isolation and
9.8supporting families in making connections within their local communities.

9.9    Sec. 12. DIRECTIONS TO COMMISSIONER.
9.10(a) The commissioner of human services shall include information regarding the
9.11number of children and their ages: receiving MFIP; affected by sanctions; and in families
9.12exceeding the 60-month time limit in the Department of Human Services' MFIP monthly
9.13reports and trends reports. By February 1, 2013, the commissioner, in consultation with
9.14the commissioners of education and health, shall make recommendations to the legislative
9.15committees with jurisdiction over human services policy and finance on ways to provide
9.16state and local-level information on child well-being and the participation of MFIP
9.17children in early childhood programs, such as family home visiting, Early Head Start,
9.18Head Start, Part C early intervention services for infants and toddlers with disabilities and
9.19their utilization of health services, including well-child visits.
9.20(b) The commissioner shall provide MFIP financial workers and case managers with
9.21information regarding early childhood brain development, developmental screening, and
9.22early childhood resources as part of their ongoing training.
9.23(c) By February 1, 2013, the commissioner of education, in consultation with the
9.24commissioners of health and human services, shall report to the legislative committees
9.25with jurisdiction over education policy and finance and health and human services policy
9.26and finance on the short and long-term costs and benefits of making low-income children
9.27eligible for early childhood services, such as home visiting, Early Head Start, Head Start,
9.28and Part C early intervention services for infants and toddlers with disabilities based on
9.29their high risk for developmental delay due to living in poverty.

9.30    Sec. 13. REVISOR'S INSTRUCTION.
9.31In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall substitute
9.32the terms "Minnesota Children and Family Investment Program" for "Minnesota Family
9.33Investment Program" and "MCFIP" for "MFIP" wherever they appear.

10.1    Sec. 14. REPEALER.
10.2Minnesota Statutes 2010, section 256J.24, subdivision 6, is repealed.
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