1.1 	A bill for an act
1.2 	relating to human services; providing county mandate relief; repealing 
1.3 	diversionary work program and family stabilization services; making technical 
1.4 	and conforming changes; modifying the Children and Community Services Act 
1.5 	plan;amending Minnesota Statutes 2008, sections 119B.011, subdivision 20; 119B.03, subdivisions 3, 4; 256J.08, subdivision 65; 256J.626, subdivisions 2, 3; 256J.751, subdivision 2; 256M.01; 256M.30, subdivisions 1, 5; 256M.80, subdivision 2; 393.07, subdivision 10a; Minnesota Statutes 2009 Supplement, section 256J.621; repealing Minnesota Statutes 2008, sections 119B.011, subdivision 10a; 256J.08, subdivision 24b; 256J.575, subdivisions 1, 2, 5, 8; 256J.95, subdivisions 1, 2, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, 17, 18, 19; Minnesota Statutes 2009 Supplement, sections 256J.575, subdivisions 3, 4, 6, 7; 256J.95, subdivisions 3, 11, 12, 13.1.14 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.15 	ARTICLE 1
1.16 	COUNTY MANDATE RELIEF

1.17 	Section 1. Minnesota Statutes 2008, section 256M.01, is amended to read:
1.18 	256M.01 CITATION.
1.19 	Sections 256M.01 to 256M.80 may be cited as the "Children and Community 
1.20 	Services Act." This act establishes a fund to address the needs of children, adolescents, 
1.21 	and adults within each county in accordance with a service plan entered into by the board 
1.22 	of county commissioners of each county and the commissioner. The service plan shall 
1.23 	specify the outcomes to be achieved, the general strategies to be employed, and the 
1.24 	respective state and county roles. The service plan shall be reviewed and updated every 
1.25 	two years, or sooner if botheither the state and or the county deem it necessary.  

1.26 	Sec. 2. Minnesota Statutes 2008, section 256M.30, subdivision 1, is amended to read:
2.1 		Subdivision 1.Service plan submitted to commissioner. Effective January 1, 
2.2 	2004, and each two-year period thereafter 2010, each county must have a biennial service 
2.3 	plan approved by the commissioner in order to receive funds. Counties may submit 
2.4 	multicounty or regional service plans.

2.5 	Sec. 3. Minnesota Statutes 2008, section 256M.30, subdivision 5, is amended to read:
2.6 		Subd. 5.Timelines. The preliminary service plan must be submitted to the 
2.7 	commissioner by October 15, 2003, and October 15 of every two years thereafter 2009.

2.8 	Sec. 4. Minnesota Statutes 2008, section 256M.80, subdivision 2, is amended to read:
2.9 		Subd. 2.Statewide evaluation. Six months after the end of the first full calendar 
2.10 	year and annually thereafter, the commissioner shall review and prepare a report on the 
2.11 	counties' progress in improving the outcomes of children, adolescents, and adults related 
2.12 	to mental health, safety, permanency, and well-being. This report shall be disseminated 
2.13 	throughout the state. The commissioner may order a county to revise its service plan under 
2.14 	section 256M.30 based on a review of the data submitted under subdivision 1. Revisions 
2.15 	may be ordered no more than once every two years.

2.16 	Sec. 5. Minnesota Statutes 2008, section 393.07, subdivision 10a, is amended to read:
2.17 		Subd. 10a.Expedited issuance of food stamps. The commissioner of human 
2.18 	services shall continually monitor the expedited issuance of food stamp benefits to ensure 
2.19 	that each county complies with federal regulations and that households eligible for 
2.20 	expedited issuance of food stamps are identified, processed, and certified within the time 
2.21 	frames prescribed in federal regulations.
2.22 	County food stamp offices shall screen and issue food stamps to applicants on the 
2.23 	day of application. Applicants who meet the federal criteria for expedited issuance and 
2.24 	have an immediate need for food assistance shall receive within seven days either:
2.25 	(1) a manual Authorization to Participate (ATP) card; or
2.26 	(2) the immediate issuance of food stamp coupons.
2.27 	The local food stamp agency shall conspicuously post in each food stamp office a 
2.28 	notice of the availability of and the procedure for applying for expedited issuance and 
2.29 	verbally advise each applicant of the availability of the expedited process.

2.30 	Sec. 6. TEMPORARY SUSPENSION OF RULE.
 2.31 	Minnesota Rules, part 9525.0012, subpart 2, is temporarily suspended until June 
2.32 	30, 2011.

3.1 	Sec. 7.  REPEALER.
 3.2 	(a) Minnesota Statutes 2008, sections 256J.575, subdivisions 1, 2, 5, and 8; and 
3.3 	256J.95, subdivisions 1, 2, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, 17, 18, and 19, are repealed.
3.4 	(b) Minnesota Statutes 2009 Supplement, sections 256J.575, subdivisions 3, 4, 6, 
3.5 	and 7; and 256J.95, subdivisions 3, 11, 12, and 13, are repealed.

3.6 	ARTICLE 2
3.7 	TECHNICAL

3.8 	Section 1. Minnesota Statutes 2008, section 119B.011, subdivision 20, is amended to 
3.9 	read:
3.10 		Subd. 20.Transition year families. "Transition year families" means families who 
3.11 	have received MFIP assistance, or who were eligible to receive MFIP assistance after 
3.12 	choosing to discontinue receipt of the cash portion of MFIP assistance under section 
3.13 	256J.31, subdivision 12, or families who have received DWP assistance under section 
3.14 	256J.95 for at least three of the last six months before losing eligibility for MFIP or DWP. 
3.15 	Transition year child care may be used to support employment or job search. Transition 
3.16 	year child care is not available to families who have been disqualified from MFIP or 
3.17 	DWP due to fraud. 

3.18 	Sec. 2. Minnesota Statutes 2008, section 119B.03, subdivision 3, is amended to read:
3.19 		Subd. 3.Eligible participants. Families that meet the eligibility requirements 
3.20 	under sections 119B.07, 119B.09, and 119B.10, except MFIP participants, diversionary 
3.21 	work program, and transition year families, are eligible for child care assistance under 
3.22 	the basic sliding fee program. Families enrolled in the basic sliding fee program shall be 
3.23 	continued until they are no longer eligible. Child care assistance provided through the 
3.24 	child care fund is considered assistance to the parent.  

3.25 	Sec. 3. Minnesota Statutes 2008, section 119B.03, subdivision 4, is amended to read:
3.26 		Subd. 4.Funding priority. (a) First priority for child care assistance under the 
3.27 	basic sliding fee program must be given to eligible non-MFIP families who do not have a 
3.28 	high school or general equivalency diploma or who need remedial and basic skill courses 
3.29 	in order to pursue employment or to pursue education leading to employment and who 
3.30 	need child care assistance to participate in the education program. Within this priority, 
3.31 	the following subpriorities must be used:
3.32 	(1) child care needs of minor parents;
3.33 	(2) child care needs of parents under 21 years of age; and
4.1 	(3) child care needs of other parents within the priority group described in this 
4.2 	paragraph.
4.3 	(b) Second priority must be given to parents who have completed their MFIP or 
4.4 	DWP transition year, or parents who are no longer receiving or eligible for diversionary 
4.5 	work program supports.
4.6 	(c) Third priority must be given to families who are eligible for portable basic sliding 
4.7 	fee assistance through the portability pool under subdivision 9.
4.8 	(d) Fourth priority must be given to families in which at least one parent is a veteran 
4.9 	as defined under section 197.447.
4.10 	(e)  Families under paragraph (b) must be added to the basic sliding fee waiting list 
4.11 	on the date they begin the transition year under section 119B.011, subdivision 20, and 
4.12 	must be moved into the basic sliding fee program as soon as possible after they complete 
4.13 	their transition year.

4.14 	Sec. 4. Minnesota Statutes 2008, section 256J.08, subdivision 65, is amended to read:
4.15 		Subd. 65.Participant. (a) "Participant" includes any of the following:
4.16 	(1) a person who is currently receiving cash assistance or the food portion available 
4.17 	through MFIP;
4.18 	(2) a person who withdraws a cash or food assistance payment by electronic transfer 
4.19 	or receives and cashes an MFIP assistance check or food coupons and is subsequently 
4.20 	determined to be ineligible for assistance for that period of time is a participant, regardless 
4.21 	whether that assistance is repaid;
4.22 	(3) the caregiver relative and the minor child whose needs are included in the 
4.23 	assistance payment;
4.24 	(4) a person in an assistance unit who does not receive a cash and food assistance 
4.25 	payment because the case has been suspended from MFIP; and
4.26 	(5) a person who receives cash payments under the diversionary work program 
4.27 	under section 256J.95 is a participant; and
4.28 	(6) a person who receives cash payments under family stabilization services under 
4.29 	section 256J.575.
4.30 	(b) "Participant" does not include a person who fails to withdraw or access 
4.31 	electronically any portion of the person's cash and food assistance payment by the end of 
4.32 	the payment month, who makes a written request for closure before the first of a payment 
4.33 	month and repays cash and food assistance electronically issued for that payment month 
4.34 	within that payment month, or who returns any uncashed assistance check and food 
4.35 	coupons and withdraws from the program.

5.1 	Sec. 5. Minnesota Statutes 2009 Supplement, section 256J.621, is amended to read:
5.2 	256J.621 WORK PARTICIPATION CASH BENEFITS.
5.3 	(a) Effective October 1, 2009, upon exiting the diversionary work program (DWP) 
5.4 	or upon terminating the Minnesota family investment program with earnings, a participant 
5.5 	who is employed may be eligible for work participation cash benefits of $50 per month 
5.6 	to assist in meeting the family's basic needs as the participant continues to move toward 
5.7 	self-sufficiency.
5.8 	(b) To be eligible for work participation cash benefits, the participant shall not 
5.9 	receive MFIP or diversionary work program assistance during the month and the 
5.10 	participant or participants must meet the following work requirements:
5.11 	(1) if the participant is a single caregiver and has a child under six years of age, the 
5.12 	participant must be employed at least 87 hours per month;
5.13 	(2) if the participant is a single caregiver and does not have a child under six years of 
5.14 	age, the participant must be employed at least 130 hours per month; or
5.15 	(3) if the household is a two-parent family, at least one of the parents must be 
5.16 	employed an average of at least 130 hours per month.
5.17 	Whenever a participant exits the diversionary work program or is terminated from 
5.18 	MFIP and meets the other criteria in this section, work participation cash benefits are 
5.19 	available for up to 24 consecutive months.
5.20 	(c) Expenditures on the program are maintenance of effort state funds under 
5.21 	a separate state program for participants under paragraph (b), clauses (1) and (2). 
5.22 	Expenditures for participants under paragraph (b), clause (3), are nonmaintenance of effort 
5.23 	funds. Months in which a participant receives work participation cash benefits under this 
5.24 	section do not count toward the participant's MFIP 60-month time limit.

5.25 	Sec. 6. Minnesota Statutes 2008, section 256J.626, subdivision 2, is amended to read:
5.26 		Subd. 2.Allowable expenditures. (a) The commissioner must restrict expenditures 
5.27 	under the consolidated fund to benefits and services allowed under title IV-A of the federal 
5.28 	Social Security Act. Allowable expenditures under the consolidated fund may include, but 
5.29 	are not limited to:
5.30 	(1) short-term, nonrecurring shelter and utility needs that are excluded from the 
5.31 	definition of assistance under Code of Federal Regulations, title 45, section 260.31, for 
5.32 	families who meet the residency requirement in section 256J.12, subdivisions 1 and 1a. 
5.33 	Payments under this subdivision are not considered TANF cash assistance and are not 
5.34 	counted towards the 60-month time limit; 
6.1 	(2) transportation needed to obtain or retain employment or to participate in other 
6.2 	approved work activities or activities under a family stabilization plan;
6.3 	(3) direct and administrative costs of staff to deliver employment services for 
6.4 	MFIP, the diversionary work program, or family stabilization services; to administer 
6.5 	financial assistance; and to provide specialized services intended to assist hard-to-employ 
6.6 	participants to transition to work or transition from family stabilization services to MFIP;
6.7 	(4) costs of education and training including functional work literacy and English as 
6.8 	a second language;
6.9 	(5) cost of work supports including tools, clothing, boots, telephone service, and 
6.10 	other work-related expenses;
6.11 	(6) county administrative expenses as defined in Code of Federal Regulations, title 
6.12 	45, section 260(b);
6.13 	(7) services to parenting and pregnant teens;
6.14 	(8) supported work;
6.15 	(9) wage subsidies;
6.16 	(10) child care needed for MFIP, the diversionary work program, or family 
6.17 	stabilization services participants to participate in social services;
6.18 	(11) child care to ensure that families leaving MFIP or diversionary work program
6.19 	will continue to receive child care assistance from the time the family no longer qualifies 
6.20 	for transition year child care until an opening occurs under the basic sliding fee child 
6.21 	care program; 
6.22 	(12) services to help noncustodial parents who live in Minnesota and have minor 
6.23 	children receiving MFIP or DWP assistance, but do not live in the same household as the 
6.24 	child, obtain or retain employment; and
6.25 	(13) services to help families participating in family stabilization services achieve 
6.26 	the greatest possible degree of self-sufficiency.
6.27 	(b) Administrative costs that are not matched with county funds as provided in 
6.28 	subdivision 8 may not exceed 7.5 percent of a county's or 15 percent of a tribe's allocation 
6.29 	under this section. The commissioner shall define administrative costs for purposes of 
6.30 	this subdivision.
6.31 	(c) The commissioner may waive the cap on administrative costs for a county or tribe 
6.32 	that elects to provide an approved supported employment, unpaid work, or community 
6.33 	work experience program for a major segment of the county's or tribe's MFIP population. 
6.34 	The county or tribe must apply for the waiver on forms provided by the commissioner. In 
6.35 	no case shall total administrative costs exceed the TANF limits.

7.1 	Sec. 7. Minnesota Statutes 2008, section 256J.626, subdivision 3, is amended to read:
7.2 		Subd. 3.Eligibility for services. Families with a minor child, a pregnant woman, 
7.3 	or a noncustodial parent of a minor child receiving assistance, with incomes below 200 
7.4 	percent of the federal poverty guideline for a family of the applicable size, are eligible for 
7.5 	services funded under the consolidated fund. Counties and tribes must give priority to 
7.6 	families currently receiving MFIP, the diversionary work program, or family stabilization 
7.7 	services, and families at risk of receiving MFIP or diversionary work program. A county 
7.8 	or tribe shall not impose a residency requirement on families, except for the residency 
7.9 	requirement under section 256J.12.

7.10 	Sec. 8. Minnesota Statutes 2008, section 256J.751, subdivision 2, is amended to read:
7.11 		Subd. 2.Quarterly comparison report. The commissioner shall report quarterly to 
7.12 	all counties on each county's performance on the following measures:
7.13 	(1) percent of MFIP caseload working in paid employment;
7.14 	(2) percent of MFIP caseload receiving only the food portion of assistance;
7.15 	(3) number of MFIP cases that have left assistance;
7.16 	(4) median placement wage rate;
7.17 	(5) caseload by months of TANF assistance;
7.18 	(6) percent of MFIP and diversionary work program (DWP) cases off cash assistance 
7.19 	or working 30 or more hours per week at one-year, two-year, and three-year follow-up 
7.20 	points from a baseline quarter. This measure is called the self-support index. The 
7.21 	commissioner shall report quarterly an expected range of performance for each county, 
7.22 	county grouping, and tribe on the self-support index. The expected range shall be derived 
7.23 	by a statistical methodology developed by the commissioner in consultation with the 
7.24 	counties and tribes. The statistical methodology shall control differences across counties 
7.25 	in economic conditions and demographics of the MFIP and DWP case load; and
7.26 	(7) the TANF work participation rate, defined as the participation requirements 
7.27 	specified under Public Law 109-171, the Deficit Reduction Act of 2005.

7.28 	Sec. 9.  REPEALER.
 7.29 	Minnesota Statutes 2008, sections 119B.011, subdivision 10a; and 256J.08, 
7.30 	subdivision 24b, are repealed.