256.035 Income support and transition. 

    Subdivision 1.    Expectations.  All families eligible 
 for assistance under the family investment plan who are assigned 
 to a test group in the evaluation as provided in section 
 256.031, subdivision 3, paragraph (d), are expected to be in 
 transitional status as defined in section 256.032, subdivision 
 12.  To be considered in transitional status, families must meet 
 the following expectations: 

    (a) For a family headed by a single adult parental 
 caregiver, the expectation is that the parental caregiver will 
 independently pursue self-sufficiency until the family has 
 received assistance for 24 months within the preceding 36 
 months.  Beginning with the 25th month of assistance, the parent 
 must be developing or complying with the terms of the family 
 support agreement.  

    (b) For a family with a minor parental caregiver or a 
 family whose parental caregiver is 18 or 19 years of age and 
 does not have a high school diploma or its equivalent, the 
 expectation is that, concurrent with the receipt of assistance, 
 the parental caregiver must be developing or complying with a 
 family support agreement.  The terms of the family support 
 agreement must include compliance with section 256.736, 
 subdivision 3b.  However, if the assistance unit does not comply 
 with section 256.736, subdivision 3b, the sanctions in 
 subdivision 3 apply.  

    (c) For a family with two adult parental caregivers, the 
 expectation is that at least one parent will independently 
 pursue self-sufficiency until the family has received assistance 
 for six months within the preceding 12 months.  Beginning with 
 the seventh month of assistance, one parent must be developing 
 or complying with the terms of the family support agreement.  To 
 the extent of available resources and provided the other 
 caregiver is proficient in English, the commissioner may require 
 that both caregivers in a family with two adult parental 
 caregivers, in which the youngest child has attained the age of 
 six and is not in kindergarten, must be developing or complying 
 with the terms of a family support agreement by the seventh 
 month on assistance.  A caregiver shall be determined proficient 
 in English if the county agency, or its employment and training 
 service provider, determines that the person has sufficient 
 English language capabilities to become suitably employed.  

    If, as of July 1, 1996, the other caretaker is enrolled in 
 a post-secondary education or training program that is limited 
 to one year and can reasonably be expected to lead to 
 employment, that caretaker is exempt from job search and work 
 experience for a period of one year or until the caretaker stops 
 attending the post-secondary program, whichever is shorter. 

    Subd. 2.    Exemptions.  (a) A caregiver is exempt from 
 the requirement of developing and complying with the terms of 
 the family support agreement, or engaging in transitional 
 activities, if:  

    (1) the caregiver is not the natural or adoptive parent of 
 a minor child; or 

    (2) the caregiver is exempt under United States Code, title 
 7, section 2031(c)(1)(A)(B)(C)(D)(E) or (F). 

    (b) A parental caregiver exempt under paragraph (a), clause 
 (2), may meet with a case manager and develop an employability 
 plan if the parental caregiver fits one of the categories of 
 expectations in subdivision 1, and may receive support services 
 including child care if needed to participate in activities 
 identified in the employability plan.  

    Subd. 2a.    Good cause.  The county agency shall not 
 impose the sanction in subdivision 3 if it determines that the 
 parental caregiver has good cause for not meeting the 
 expectations of developing and complying with the terms of a 
 family support agreement developed with the county agency.  Good 
 cause exists when: 

    (1) needed child care is not available; 

    (2) the job does not meet the definition of suitable 
 employment in section 256.032, subdivision 11a; 

    (3) the parental caregiver is ill or injured; 

    (4) a family member is ill and needs care by the parental 
 caregiver that prevents the parental caregiver from complying 
 with the family support agreement; 

    (5) the parental caregiver is unable to secure the 
 necessary transportation; 

    (6) the parental caregiver is in an emergency situation 
 which prevents compliance with the family support agreement; 

    (7) the schedule of compliance with the family support 
 agreement conflicts with judicial proceedings; 

    (8) the parental caregiver is already participating in 
 acceptable activities; 

    (9) the family support agreement requires an educational 
 program for a parent under age 20, but the educational program 
 is not offered in the school district; 

    (10) activities identified in the family support agreement 
 are not available; 

    (11) the parental caregiver is willing to accept suitable 
 employment as defined in section 256.032, subdivision 11a, but 
 employment is not available; or 

    (12) the parental caregiver documents other verifiable 
 impediments to compliance with the family support agreement 
 beyond the parental caregiver's control. 

    Subd. 3.    Sanctions.  A family whose parental 
 caregiver is not exempt from the expectations in subdivision 1 
 and who is not complying with those expectations by developing 
 or complying with the family support agreement must have 
 assistance reduced by a value equal to ten percent of the 
 transitional standard as defined in section 256.032, subdivision 
 13.  This reduction is effective with the month following the 
 finding of noncompliance and continues until the beginning of 
 the month after failure to comply ceases.  The county must 
 provide written notice to the parental caregiver of its intent 
 to implement this sanction and the opportunity to have a 
 conciliation conference, upon request, before the sanction is 
 implemented.  Implementation of the sanction shall be postponed 
 pending resolution of the conciliation conference under section 
 256.036, subdivision 5, or hearing under section 256.045. 

    Subd. 4.  Renumbered 256.033 subd 1a 

    Subd. 5.    Orientation.  The county agency must provide 
 orientation which supplies information to caregivers about the 
 Minnesota family investment plan, and must encourage parental 
 caregivers to engage in activities to stabilize the family and 
 lead to employment and self-support. 

    Subd. 6. Repealed, 1991 c 292 art 5 s 82 

    Subd. 6a.    Case management services.  (a) The county 
 agency will provide case management services to caregivers 
 required to develop and comply with a family support agreement 
 as provided in subdivision 1.  For minor parents, the 
 responsibility of the case manager shall be as defined in 
 section 256.736, subdivision 3b.  Sanctions for failing to 
 develop or comply with the terms of a family support agreement 
 shall be imposed according to subdivision 3.  When a minor 
 parent reaches age 17, or earlier if determined necessary by the 
 social service agency, the minor parent shall be referred for 
 case management services.  

    (b) Case managers shall provide the following services: 

    (1) the case manager shall provide or arrange for an 
 assessment of the family and caregiver's needs, interests, and 
 abilities according to section 256.736, subdivision 11, 
 paragraph (a), clause (1); 

    (2) the case manager shall coordinate services according to 
 section 256.736, subdivision 11, paragraph (a), clause (3); 

    (3) the case manager shall develop an employability plan 
 according to subdivision 6b; 

    (4) the case manager shall develop a family support 
 agreement according to subdivision 6c; and 

    (5) the case manager shall monitor the caregiver's 
 compliance with the employability plan and the family support 
 agreement as required by the commissioner.  

    (c) Case management counseling and personal assistance 
 services may continue for up to six months following the 
 caregiver's achievement of employment goals.  Funds for specific 
 employment and training services may be expended for up to 90 
 days after the caregiver loses eligibility for financial 
 assistance. 

    Subd. 6b.    Employability plan.  (a) The case manager 
 shall develop an employability plan with the caregiver according 
 to this subdivision and section 256.736, subdivision 11, 
 paragraph (a), clause (2), which will be based on the assessment 
 in subdivision 6a of the caregiver's needs, interests, and 
 abilities. 

    (b) An employability plan must identify the caregiver's 
 employment goal or goals and explain what steps the family must 
 take to pursue self-sufficiency.  

    (c) Activities in the employability plan may include 
 preemployment activities such as:  programs, activities, and 
 services related to job training and job placement.  These 
 preemployment activities may include, based on availability and 
 resources, participation in dislocated worker services, chemical 
 dependency treatment, mental health services, self-esteem 
 enhancement activities, peer group networks, displaced homemaker 
 programs, education programs leading toward the employment goal, 
 parenting education, and other programs to help the families 
 reach their employment goals and enhance their ability to care 
 for their children. 

    Subd. 6c.    Family support agreement.  (a) The family 
 support agreement is the enforceable component of the 
 employability plan as described in subdivision 6b and section 
 256.736, subdivision 10, paragraph (a), clause (15).  A parental 
 caregiver's failure to comply with any part of the family 
 support agreement without good cause as provided in subdivision 
 2a is subject to sanction as provided in subdivision 3. 

    (b) A family support agreement must identify the parental 
 caregiver's employment goal or goals and outline the steps which 
 the parental caregiver and case manager mutually determined are 
 necessary to achieve each goal.  Activities are limited to: 

    (1) employment; 

    (2) employment and training activities; or 

    (3) education up to a baccalaureate degree. 

    (c) A family support agreement shall include only those 
 activities described in paragraph (b).  Social services or 
 activities, such as mental health or chemical dependency 
 services, parenting education, or budget management, can be 
 included in the employability plan and not in the family support 
 agreement and are not subject to a sanction under subdivision 3. 

    (d) For a parental caregiver whose employability plan is 
 composed entirely of services described in paragraph (c), the 
 family support agreement shall designate a date for reassessment 
 of the activities needed to reach the parental caregiver's 
 employment goal and this date shall be considered as the content 
 of the family support agreement.  The parental caregiver and 
 case manager shall meet at least semiannually to review and 
 revise the family support agreement. 

    (e) The family support agreement must identify the services 
 that the county agency will provide to the family to enable the 
 parental caregiver to comply with the family support agreement, 
 including support services such as transportation and child care.

    (f) The family support agreement must state the parental 
 caregiver's obligations and the conditions under which the 
 county agency will recommend a sanction be applied to the grant 
 and withdraw the services. 

    (g) The family support agreement will specify a date for 
 completion of activities leading to the employment goal.  

    (h) The family support agreement must be signed and dated 
 by the case manager and parental caregiver.  In all cases, the 
 case manager must assist the parental caregiver in reviewing and 
 understanding the family support agreement and must assist the 
 caregiver in setting realistic goals in the agreement which are 
 consistent with the ultimate goal of financial support for the 
 caregiver's family.  The case manager must inform the caregiver 
 of the right to seek conciliation as provided in subdivision 6e. 

    (i) The caregiver may revise the family support agreement 
 with the case manager when good cause indicates revision is 
 warranted.  Revisions for reasons other than good cause to 
 employment goals or steps toward self-support may be made in the 
 first six months after the signing of the family support 
 agreement with the approval of the case manager.  After that, 
 the revision must be approved by the case management supervisor 
 or other persons responsible for review of case management 
 decisions. 

    Subd. 6d.    Obligation to seek and obtain full-time 
 employment.  (a) When the family support agreement specifies a 
 date when job search should begin, the parental caregiver must 
 participate in employment search activities.  If, after three 
 months of search, the parental caregiver does not find a job 
 that is consistent with the parental caregiver's employment 
 goal, the parent must accept any suitable employment.  The 
 search may be extended for up to three months if the parental 
 caregiver seeks and needs additional job search assistance. 

    (b) When the family support agreement specifies job search 
 consistent with the overall employment goal, the caregiver is 
 expected to seek and accept full-time employment.  For this 
 purpose, full-time employment means 30 or more hours a week.  
 Caregivers who are single parents with a child under six satisfy 
 this requirement by working 20 or more hours a week. 

    (c) A caregiver who voluntarily quits suitable employment 
 without good cause or without agreement of the case manager, or 
 who is terminated for nonperformance, must contact the case 
 manager within ten calendar days of the date employment ended to 
 schedule a meeting to revise the family support agreement.  A 
 caregiver who fails to contact the case manager within the 
 required time or fails to attend a scheduled meeting to revise 
 the family support agreement is subject to sanction.  If the 
 revised family support agreement specifies job search, the 
 caregiver must take any suitable employment.  A caregiver who 
 fails to comply is subject to sanction.  A caregiver who 
 voluntarily quits suitable employment with good cause or who is 
 laid off must contact the case manager within ten calendar days 
 of the date employment ended to schedule a meeting to revise the 
 family support agreement.  A caregiver who fails to contact the 
 case manager within the required time or fails to attend a 
 scheduled meeting to revise the family support agreement is 
 subject to sanction.  If the family support agreement specifies 
 job search, the search is limited to three months to find a job 
 related to the caregiver's overall employment goal.  After three 
 months, the caregiver must take any suitable employment.  A 
 caregiver who fails to comply is subject to sanction. 

    Subd. 6e.    Conciliation.  A conciliation procedure 
 shall be available as provided in section 256.736, subdivision 
 11, paragraph (c).  The conciliation conference will be 
 available to parental caregivers who cannot reach agreement with 
 the case manager about the contents or interpretation of the 
 family support agreement, or who have received a notice of 
 intent to implement a sanction as required under subdivision 3.  
 Implementation of the sanction will be postponed pending the 
 outcome of conciliation.  The conciliation conference will be 
 facilitated by a neutral mediator, and the goal will be to 
 achieve mutual agreement between the parental caregiver and case 
 manager.  The conciliation conference is an optional procedure 
 preceding the hearing process under section 256.045. 

    Subd. 7. Repealed, 1991 c 292 art 5 s 82 

    Subd. 8.    Child care.  The commissioner shall ensure 
 that each Minnesota family investment plan caregiver who is 
 employed or is developing or is engaged in activities identified 
 in an employability plan under subdivision 6b and who needs 
 assistance with child care costs to be employed or to develop or 
 comply with the terms of an employability plan receives a child 
 care subsidy through child care money appropriated for the 
 Minnesota family investment plan.  The subsidy must cover all 
 actual child care costs for eligible hours up to the maximum 
 rate allowed under section 119B.13.  A caregiver who is in the 
 assistance unit who leaves the program as a result of increased 
 earnings from employment and who needs child care assistance to 
 remain employed is entitled to extended child care assistance as 
 provided under United States Code, title 42, section 
 602(g)(1)(A)(ii) on a copayment basis. 

    Subd. 9.    Health care.  A family leaving the program 
 as a result of increased earnings from employment is eligible 
 for extended medical assistance as provided under Public Law 
 Number 100-485, section 303, as amended and Public Law Number 
 101-239, section 8015(b)(7). 

    HIST: 1989 c 282 art 5 s 10; 1991 c 199 art 2 s 17; 1991 c 292 
 art 5 s 16,83; 1992 c 513 art 8 s 8; 1995 c 178 art 4 s 1; 1996 
 c 465 art 3 s 5,6