Bill Text: MN SF1174 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Child care and child support provisions clarifications and modifications; Minnesota family investment program (MFIP) and diversionary work program (DWP) provisions modification
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-14 - Referred to Health and Human Services [SF1174 Detail]
Download: Minnesota-2011-SF1174-Introduced.html
1.2relating to human services; making technical and policy changes to children and
1.3family services provisions; making changes to the Minnesota family investment
1.4program and child care assistance program; simplifying the Minnesota family
1.5investment program and diversionary work program; changing a child support
1.6provision;amending Minnesota Statutes 2010, sections 119B.09, subdivision
1.77; 119B.12, subdivisions 1, 2; 119B.125, subdivisions 1a, 2, 6; 119B.13,
1.8subdivisions 1, 3a, 6; 119B.19, subdivision 7; 119B.21, subdivision 5; 256J.08,
1.9subdivision 11; 256J.24, subdivisions 2, 6; 256J.32, subdivision 6; 256J.621;
1.10256J.68, subdivision 7; 256J.95, subdivision 3; 518C.205.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. Minnesota Statutes 2010, section 119B.09, subdivision 7, is amended to read:
1.15 Subd. 7. Date of eligibility for assistance. (a) The date of eligibility for child care
1.16assistance under this chapter is the later of the date the application wassigned received by
1.17the county; the beginning date of employment, education, or training; the date the infant is
1.18born for applicants to the at-home infant care program; or the date a determination has
1.19been made that the applicant is a participant in employment and training services under
1.20Minnesota Rules, part 3400.0080, or chapter 256J.
1.21 (b) Payment ceases for a family under the at-home infant child care program when a
1.22family has used a total of 12 months of assistance as specified under section119B.035 .
1.23Payment of child care assistance for employed persons on MFIP is effective the date of
1.24employment or the date of MFIP eligibility, whichever is later. Payment of child care
1.25assistance for MFIP or DWP participants in employment and training services is effective
1.26the date of commencement of the services or the date of MFIP or DWP eligibility,
2.1whichever is later. Payment of child care assistance for transition year child care must be
2.2made retroactive to the date of eligibility for transition year child care.
2.3(c) Notwithstanding paragraph (b), payment of child care assistance for participants
2.4eligible under section119B.05 may only be made retroactive for a maximum of six
2.5months from the date of application for child care assistance.
2.6 Sec. 2. Minnesota Statutes 2010, section 119B.12, subdivision 1, is amended to read:
2.7 Subdivision 1. Fee schedule. All changes to parent fees must be implemented on
2.8the first Monday of the service period following the effective date of the change.
2.9 PARENT FEE SCHEDULE. The parent fee schedule is as follows, except as noted
2.10in subdivision 2:
3.7 A family'smonthly biweekly co-payment fee is the fixed percentage established for
3.8the income range multiplied by the highest possible income within that income range.
3.9 Sec. 3. Minnesota Statutes 2010, section 119B.12, subdivision 2, is amended to read:
3.10 Subd. 2. Parent fee. A family must be assessed a parent fee for each service period.
3.11A family's parent fee must be a fixed percentage of its annual gross income. Parent fees
3.12must apply to families eligible for child care assistance under sections119B.03 and
3.13119B.05
. Income must be as defined in section
119B.011, subdivision 15 . The fixed
3.14percent is based on the relationship of the family's annual gross income to 100 percent
3.15of the annual state median income. Parent fees must begin at 75 percent of the poverty
3.16level. The minimum parent fees for families between 75 percent and 100 percent of
3.17poverty level must be$5 per month $2 per biweekly period. Parent fees must provide
3.18for graduated movement to full payment. Payment of part or all of a family's parent
3.19fee directly to the family's child care provider on behalf of the family by a source other
3.20than the family shall not affect the family's eligibility for child care assistance, and the
3.21amount paid shall be excluded from the family's income. Child care providers who accept
3.22third-party payments must maintain family specific documentation of payment source,
3.23amount, and time period covered by the payment.
3.24 Sec. 4. Minnesota Statutes 2010, section 119B.125, subdivision 1a, is amended to read:
3.25 Subd. 1a. Background study required. This subdivision only applies to legal,
3.26nonlicensed family child care providers. Prior to authorization, and as part of each
3.27reauthorization required in subdivision 1, the county shall perform a background study on
3.28every member of the provider's household who is age 13 and older.The background study
3.29shall be conducted according to the procedures under subdivision 2. The county shall also
3.30perform a background study on an individual who has reached age ten but is not yet age
3.3113 and is living in the household where the nonlicensed child care will be provided when
3.32the county has reasonable cause as defined under section 245C.02, subdivision 15.
3.33 Sec. 5. Minnesota Statutes 2010, section 119B.125, subdivision 2, is amended to read:
4.1 Subd. 2. Persons who cannot be authorized. (a)When any member of the
4.2legal, nonlicensed family child care provider's household meets any of the conditions
4.3under paragraphs (b) to (n), the provider must not be authorized as a legal nonlicensed
4.4family child care provider. To determine whether any of the listed conditions exist, the
4.5county must request information about the provider and other household members for
4.6whom a background study is required under subdivision 1a from the Bureau of Criminal
4.7Apprehension, the juvenile courts, and social service agencies. When one of the listed
4.8entities does not maintain information on a statewide basis, the county must contact
4.9the entity in the county where the provider resides and any other county in which the
4.10provider or any household member previously resided in the past year. For purposes of
4.11this subdivision, a finding that a delinquency petition is proven in juvenile court must be
4.12considered a conviction in state district court. The provider seeking authorization under
4.13this section shall collect the information required under section 245C.05, subdivision 1,
4.14and forward the information to the county agency. The background study must include
4.15a review of the information required under section 245C.08, subdivisions 2, 3, and 4,
4.16paragraph (b). A nonlicensed family child care provider is not authorized under this
4.17section if any household member who is the subject of a background study is determined
4.18to have a disqualifying characteristic under paragraphs (b) to (e) or under section 245C.14
4.19or 245C.15. If a county has determined that a provider is able to be authorized in that
4.20county, and a family in another county later selects that provider, the provider is able to
4.21be authorized in the second county without undergoing a new background investigation
4.22unless one of the following conditions exists:
4.23 (1) two years have passed since the first authorization;
4.24 (2) another person age 13 or older has joined the provider's household since the
4.25last authorization;
4.26 (3) a current household member has turned 13 since the last authorization; or
4.27 (4) there is reason to believe that a household member has a factor that prevents
4.28authorization.
4.29(b) The person has been convicted of one of the following offenses or has admitted to
4.30committing or a preponderance of the evidence indicates that the person has committed an
4.31act that meets the definition of one of the following offenses: sections
609.185 to
609.195,
4.32murder in the first, second, or third degree;
609.2661 to
609.2663, murder of an unborn
4.33child in the first, second, or third degree;
609.322, solicitation, inducement, promotion
4.34of prostitution, or receiving profit from prostitution;
609.342 to
609.345, criminal sexual
4.35conduct in the first, second, third, or fourth degree;
609.352, solicitation of children to
4.36engage in sexual conduct;
609.365, incest;
609.377, felony malicious punishment of a
5.1child;
617.246, use of minors in sexual performance;
617.247, possession of pictorial
5.2representation of a minor;
609.2242 to
609.2243, felony domestic assault; a felony offense
5.3of spousal abuse; a felony offense of child abuse or neglect; a felony offense of a crime
5.4against children; or an attempt or conspiracy to commit any of these offenses as defined in
5.5Minnesota Statutes; or an offense in any other state or country where the elements are
5.6substantially similar to any of the offenses listed in this paragraph.
5.7(c) Less than 15 years have passed since the discharge of the sentence imposed for
5.8the offense and the person has received a felony conviction for one of the following
5.9offenses, or the person has admitted to committing or a preponderance of the evidence
5.10indicates that the person has committed an act that meets the definition of a felony
5.11conviction for one of the following offenses: sections
609.20 to
609.205, manslaughter
5.12in the first or second degree;
609.21, criminal vehicular homicide;
609.215, aiding
5.13suicide or aiding attempted suicide;
609.221 to
609.2231, assault in the first, second,
5.14third, or fourth degree;
609.224, repeat offenses of fifth-degree assault;
609.228, great
5.15bodily harm caused by distribution of drugs;
609.2325, criminal abuse of a vulnerable
5.16adult;
609.2335, financial exploitation of a vulnerable adult;
609.235, use of drugs to
5.17injure or facilitate a crime;
609.24, simple robbery;
617.241, repeat offenses of obscene
5.18materials and performances;
609.245, aggravated robbery;
609.25, kidnapping;
609.255,
5.19false imprisonment;
609.2664 to
609.2665, manslaughter of an unborn child in the first or
5.20second degree;
609.267 to
609.2672, assault of an unborn child in the first, second, or third
5.21degree;
609.268, injury or death of an unborn child in the commission of a crime;
609.27,
5.22coercion;
609.275, attempt to coerce;
609.324, subdivision 1, other prohibited acts, minor
5.23engaged in prostitution;
609.3451, repeat offenses of criminal sexual conduct in the fifth
5.24degree;
609.378, neglect or endangerment of a child;
609.52, theft;
609.521, possession of
5.25shoplifting gear;
609.561 to
609.563, arson in the first, second, or third degree;
609.582,
5.26burglary in the first, second, third, or fourth degree;
609.625, aggravated forgery;
609.63,
5.27forgery;
609.631, check forgery, offering a forged check;
609.635, obtaining signature
5.28by false pretenses;
609.66, dangerous weapon;
609.665, setting a spring gun;
609.67,
5.29unlawfully owning, possessing, or operating a machine gun;
609.687, adulteration;
609.71,
5.30riot;
609.713, terrorist threats;
609.749, stalking;
260C.301, termination of parental rights;
5.31152.021 to
152.022 and
152.0262, controlled substance crime in the first or second degree;
5.32152.023, subdivision 1, clause (3) or (4), or
152.023, subdivision 2, clause (4), controlled
5.33substance crime in third degree;
152.024, subdivision 1, clause (2), (3), or (4), controlled
5.34substance crime in fourth degree;
617.23, repeat offenses of indecent exposure; an attempt
5.35or conspiracy to commit any of these offenses as defined in Minnesota Statutes; or an
6.1offense in any other state or country where the elements are substantially similar to any of
6.2the offenses listed in this paragraph.
6.3(d) Less than ten years have passed since the discharge of the sentence imposed for
6.4the offense and the person has received a gross misdemeanor conviction for one of the
6.5following offenses or the person has admitted to committing or a preponderance of the
6.6evidence indicates that the person has committed an act that meets the definition of a gross
6.7misdemeanor conviction for one of the following offenses: sections
609.224, fifth-degree
6.8assault;
609.2242 to
609.2243, domestic assault;
518B.01, subdivision 14, violation of
6.9an order for protection;
609.3451, fifth-degree criminal sexual conduct;
609.746, repeat
6.10offenses of interference with privacy;
617.23, repeat offenses of indecent exposure;
6.11617.241, obscene materials and performances;
617.243, indecent literature, distribution;
6.12617.293, disseminating or displaying harmful material to minors;
609.71, riot;
609.66,
6.13dangerous weapons;
609.749, stalking;
609.224, subdivision 2, paragraph (c), fifth-degree
6.14assault against a vulnerable adult by a caregiver;
609.23, mistreatment of persons
6.15confined;
609.231, mistreatment of residents or patients;
609.2325, criminal abuse of a
6.16vulnerable adult;
609.2335, financial exploitation of a vulnerable adult;
609.233, criminal
6.17neglect of a vulnerable adult;
609.234, failure to report maltreatment of a vulnerable adult;
6.18609.72, subdivision 3, disorderly conduct against a vulnerable adult;
609.265, abduction;
6.19609.378, neglect or endangerment of a child;
609.377, malicious punishment of a child;
6.20609.324, subdivision 1a, other prohibited acts, minor engaged in prostitution;
609.33,
6.21disorderly house;
609.52, theft;
609.582, burglary in the first, second, third, or fourth
6.22degree;
609.631, check forgery, offering a forged check;
609.275, attempt to coerce; an
6.23attempt or conspiracy to commit any of these offenses as defined in Minnesota Statutes; or
6.24an offense in any other state or country where the elements are substantially similar to
6.25any of the offenses listed in this paragraph.
6.26(e) Less than seven years have passed since the discharge of the sentence imposed
6.27for the offense and the person has received a misdemeanor conviction for one of the
6.28following offenses or the person has admitted to committing or a preponderance of the
6.29evidence indicates that the person has committed an act that meets the definition of a
6.30misdemeanor conviction for one of the following offenses: sections
609.224, fifth-degree
6.31assault;
609.2242, domestic assault;
518B.01, violation of an order for protection;
6.32609.3232, violation of an order for protection;
609.746, interference with privacy;
609.79,
6.33obscene or harassing telephone calls;
609.795, letter, telegram, or package opening,
6.34harassment;
617.23, indecent exposure;
609.2672, assault of an unborn child, third degree;
6.35617.293, dissemination and display of harmful materials to minors;
609.66, dangerous
6.36weapons;
609.665, spring guns; an attempt or conspiracy to commit any of these offenses
7.1as defined in Minnesota Statutes; or an offense in any other state or country where the
7.2elements are substantially similar to any of the offenses listed in this paragraph.
7.3(f) The person has been identified by the child protection agency in the county where
7.4the provider resides or a county where the provider has resided or by the statewide child
7.5protection database as a person found by a preponderance of evidence under section
7.6626.556 to be responsible for physical or sexual abuse of a child within the last seven years.
7.7(g) The person has been identified by the adult protection agency in the county
7.8where the provider resides or a county where the provider has resided or by the statewide
7.9adult protection database as the person responsible for abuse or neglect of a vulnerable
7.10adult within the last seven years.
7.11(h) (b) The person has refused to give written consent for disclosure of criminal
7.12history records.
7.13(i) (c) The person has been denied a family child care license or has received a fine
7.14or a sanction as a licensed child care provider that has not been reversed on appeal.
7.15(j) (d) The person has a family child care licensing disqualification that has not
7.16been set aside.
7.17(k) (e) The person has admitted or a county has found that there is a preponderance
7.18of evidence that fraudulent information was given to the county for child care assistance
7.19application purposes or was used in submitting child care assistance bills for payment.
7.20(l) The person has been convicted of the crime of theft by wrongfully obtaining
7.21public assistance or has been found guilty of wrongfully obtaining public assistance by a
7.22federal court, state court, or an administrative hearing determination or waiver, through a
7.23disqualification consent agreement, as part of an approved diversion plan under section
7.24401.065, or a court-ordered stay with probationary or other conditions.
7.25(m) The person has a household member age 13 or older who has access to children
7.26during the hours that care is provided and who meets one of the conditions listed in
7.27paragraphs (b) to (l).
7.28(n) The person has a household member ages ten to 12 who has access to children
7.29during the hours that care is provided; information or circumstances exist which provide
7.30the county with articulable suspicion that further pertinent information may exist showing
7.31the household member meets one of the conditions listed in paragraphs (b) to (l); and the
7.32household member actually meets one of the conditions listed in paragraphs (b) to (l).
7.33 Sec. 6. Minnesota Statutes 2010, section 119B.125, subdivision 6, is amended to read:
7.34 Subd. 6. Record-keeping requirement. All providers receiving child care
7.35assistance payments must keep daily attendance records for all childrenreceiving child
8.1care assistance in care and must make those records available immediately to the county
8.2upon request. The attendance records must be completed daily and include the date, the
8.3first, middle, and last name of each child in attendance, the times when each child is
8.4dropped off and picked up, and the total number of hours of attendance for each child
8.5present on that date. The times that the child was dropped off to and picked up from the
8.6child care provider must be entered by the person dropping off or picking up the child. The
8.7daily attendance records must be retained for six years after the date of service. A county
8.8may deny authorization as a child care provider to any applicant or rescind authorization
8.9of any provider when the county knows or has reason to believe that the provider has not
8.10complied with the record-keeping requirement in this subdivision.
8.11 Sec. 7. Minnesota Statutes 2010, section 119B.13, subdivision 1, is amended to read:
8.12 Subdivision 1. Subsidy restrictions. (a) Beginning July 1, 2006, the maximum rate
8.13paid for child care assistance in any county or multicounty region under the child care
8.14fund shall be the rate for like-care arrangements in the county effective January 1, 2006,
8.15increased by six percent.
8.16 (b) Rate changes shall be implemented for services provided in September 2006
8.17unless a participant eligibility redetermination or a new provider agreement is completed
8.18between July 1, 2006, and August 31, 2006.
8.19 As necessary, appropriate notice of adverse action must be made according to
8.20Minnesota Rules, part 3400.0185, subparts 3 and 4.
8.21 New cases approved on or after July 1, 2006, shall have the maximum rates under
8.22paragraph (a), implemented immediately.
8.23 (c)Every year Biennially, beginning in 2012, the commissioner shall survey
8.24rates charged by child care providers in Minnesota to determine the 75th percentile for
8.25like-care arrangements in counties. When the commissioner determines that, using the
8.26commissioner's established protocol, the number of providers responding to the survey is
8.27too small to determine the 75th percentile rate for like-care arrangements in a county or
8.28multicounty region, the commissioner may establish the 75th percentile maximum rate
8.29based on like-care arrangements in a county, region, or category that the commissioner
8.30deems to be similar.
8.31 (d) A rate which includes a special needs rate paid under subdivision 3 or under a
8.32school readiness service agreement paid under section 119B.231, may be in excess of the
8.33maximum rate allowed under this subdivision.
8.34 (e) The department shall monitor the effect of this paragraph on provider rates. The
8.35county shall pay the provider's full charges for every child in care up to the maximum
9.1established. The commissioner shall determine the maximum rate for each type of care on
9.2an hourly, full-day, and weekly basis, including special needs and disability care.
9.3 (f) When the provider charge is greater than the maximum provider rate allowed,
9.4the parent is responsible for payment of the difference in the rates in addition to any
9.5family co-payment fee.
9.6 (g) All maximum provider rates changes shall be implemented on the Monday
9.7following the effective date of the maximum provider rate.
9.8 Sec. 8. Minnesota Statutes 2010, section 119B.13, subdivision 3a, is amended to read:
9.9 Subd. 3a. Provider rate differential for accreditation. A family child care
9.10provider or child care center shall be paid a 15 percent differential above the maximum rate
9.11established in subdivision 1, up to the actual provider rate, if the provider or center holds a
9.12current early childhood development credential or is accredited. For a family child care
9.13provider, early childhood development credential and accreditation includes an individual
9.14who has earned a child development associate degree, a child development associate
9.15credential, a diploma in child development from a Minnesota state technical college, or a
9.16bachelor's or post baccalaureate degree in early childhood education from an accredited
9.17college or university, or who is accredited by the National Association for Family Child
9.18Careor the Competency Based Training and Assessment Program. Beginning January
9.191, 2012, a request or renewal for the rate differential submitted by a family child care
9.20provider must be documented using the Minnesota Center for Professional Development
9.21Career Lattice. To meet the requirement for the differential, the provider must be at a
9.22level six or higher on the Career Lattice. For a child care center, accreditation includes
9.23accreditation by the National Association for the Education of Young Children, the
9.24Council on Accreditation, the National Early Childhood Program Accreditation,the
9.25National School-Age Care Association, Minnesota School Age Care Association, or
9.26the National Head Start Association Program of Excellence. For Montessori programs,
9.27accreditation includes the American Montessori Society, or the Association of Montessori
9.28International-USA, or the National Center for Montessori Education.
9.29 Sec. 9. Minnesota Statutes 2010, section 119B.13, subdivision 6, is amended to read:
9.30 Subd. 6. Provider payments. (a) The provider shall bill for services provided
9.31within ten days of the end of the service period. If bills are submitted within ten days of
9.32the end of the service period, payments under the child care fund shall be made within 30
9.33days of receiving a bill from the provider. Counties or the state may establish policies that
9.34make payments on a more frequent basis.
10.1(b) If a provider has received an authorization of care and been issued a billing form
10.2for an eligible family, the bill must be submitted within 60 days of the last date of service
10.3on the bill. A bill submitted more than 60 days after the last date of service must be
10.4paid if the county determines that the provider has shown good cause why the bill was
10.5not submitted within 60 days. Good cause must be defined in the county's child care
10.6fund plan under section119B.08, subdivision 3 , and the definition of good cause must
10.7include county error. Any bill submitted more than a year after the last date of service on
10.8the bill must not be paid.
10.9(c) If a provider provided care for a time period without receiving an authorization
10.10of care and a billing form for an eligible family, payment of child care assistance may only
10.11be made retroactively for a maximum of six months from the date the provider is issued
10.12an authorization of care and billing form.
10.13(d) A county may refuse to issue a child care authorization to a licensed or legal
10.14nonlicensed provider, revoke an existing child care authorization to a licensed or legal
10.15nonlicensed provider, stop payment issued to a licensed or legal nonlicensed provider, or
10.16may refuse to pay a bill submitted by a licensed or legal nonlicensed provider if:
10.17(1) the provider admits to intentionally giving the county materially false information
10.18on the provider's billing forms;or
10.19(2) a county finds by a preponderance of the evidence that the provider intentionally
10.20gave the county materially false information on the provider's billing forms.;
10.21(3) the provider is in violation of licensing or child care assistance program rules and
10.22the provider has not corrected the violation;
10.23(4) the provider submits false attendance reports or refuses to provide documentation
10.24of the child's attendance upon request; or
10.25(5) the provider gives false child care price information.
10.26(e) A county's payment policies must be included in the county's child care plan
10.27under section119B.08, subdivision 3 . If payments are made by the state, in addition to
10.28being in compliance with this subdivision, the payments must be made in compliance
10.29with section16A.124 .
10.30 Sec. 10. Minnesota Statutes 2010, section 119B.19, subdivision 7, is amended to read:
10.31 Subd. 7. Child care resource and referral programs.Within each region, Under
10.32the oversight of the commissioner and according to directions provided by the Minnesota
10.33Child Care Resource And Referral Network office, a child care resource and referral
10.34program must carry out the following duties:
11.1(1) maintain one database of all existing child care resources and services and one
11.2database of family referrals;
11.3(2) provide a child care referral service for families;
11.4(3) develop resources to meet the child care service needs of families, including
11.5consumer education to assist in the selection of quality care;
11.6(4) increase the capacity to provide culturally responsive child care services;
11.7(5) coordinate professional development opportunities for child care and school-age
11.8care providers to help providers implement early learning guidelines and program
11.9standards;
11.10(6) administer and award child care services grants that support quality improvement
11.11activities;
11.12(7)cooperate with the Minnesota Child Care Resource and Referral Network and
11.13its member programs to develop and deliver effective child care services and child care
11.14resources quality improvement activities to help child care providers implement early
11.15learning guidelines and program standards; and
11.16(8) assist in fostering coordination, collaboration, and planning among child care
11.17programs and community programs such as school readiness, Head Start, early childhood
11.18family education, local interagency early intervention committees, early childhood
11.19screening, special education services, and other early childhood care and education
11.20services and programs that provide flexible, family-focused services to families with
11.21young children to the extent possible.
11.22 Sec. 11. Minnesota Statutes 2010, section 119B.21, subdivision 5, is amended to read:
11.23 Subd. 5. Child care services grants. (a) A child care resource and referral program
11.24designated under section119B.19, subdivision 1a , may award child care services grants
11.25for:
11.26 (1) creating new licensed child care facilities and expanding existing facilities,
11.27including, but not limited to, supplies, equipment, facility renovation, and remodeling;
11.28 (2) improving licensed child care facility programs;
11.29 (3) staff training and development services including, but not limited to, in-service
11.30training, curriculum development, accreditation, certification, consulting, resource
11.31centers, program and resource materials, supporting effective teacher-child interactions,
11.32child-focused teaching, and content-driven classroom instruction;
11.33 (4) capacity building through the purchase of appropriate technology to create,
11.34enhance, and maintain business management systems;
11.35 (5) emergency assistance for child care programs;
12.1 (6) new programs or projects for the creation, expansion, or improvement of
12.2programs that serve ethnic immigrant and refugee communities; and
12.3 (7) targeted recruitment initiatives to expand and build the capacity of the child
12.4care system and to improve the quality of care provided by legal nonlicensed child care
12.5providers.
12.6(b) A child care resource and referral organization designated under section119B.19 ,
12.7subdivision 1a, may award child care services grants of up to $1,000 to family child care
12.8providers. These grants may be used for:
12.9(1) facility improvements, including, but not limited to, improvements to meet
12.10licensing requirements;
12.11(2) improvements to expand a child care facility or program;
12.12(3) toys and equipment;
12.13(4) technology and software to create, enhance, and maintain business management
12.14systems;
12.15(5) start-up costs;
12.16(6) staff training and development; and
12.17(7) other uses approved by the commissioner.
12.18 (c) A child care resource and referral program designated under section119B.19,
12.19subdivision 1a , may award child care services grants to:
12.20 (1) licensed providers;
12.21 (2) providers in the process of being licensed;
12.22 (3) corporations or public agencies that develop or provide child care services;
12.23 (4) school-age care programs;
12.24 (5) legal nonlicensed or family, friend, and neighbor care providers; or
12.25 (6) any combination of clauses (1) to (5).
12.26 (d) A child care center that is a recipient of a child care services grant for facility
12.27improvements or staff training and development must provide a 25 percent local match. A
12.28local match is not required for grants to family child care providers.
12.29(e)Beginning July 1, 2009, grants to Child care centers under this subdivision and
12.30licensed family child care providers who are implementing early learning guidelines and
12.31program standards shall beincreasingly awarded for activities that improve provider
12.32quality, including activities under paragraph (a), clauses (1) to (3) and (6). Grants to
12.33family child care providers shall be increasingly awarded for activities that improve
12.34provider quality, including activities under paragraph (b), clauses (1), (3), and (6) given
12.35priority for grant funds under this subdivision if the provider's proposed use of grant
12.36funds is to enhance quality.
13.1 Sec. 12. CHILD CARE ASSISTANCE PROGRAM RULE CHANGE.
13.2The commissioner shall amend Minnesota Rules, part 3400.0035, subpart 2, to
13.3remove the requirement that applications must be submitted by mail or delivered to the
13.4agency within 15 calendar days after the date of signature. The commissioner shall
13.5comply with Minnesota Statutes, section 14.389, in adopting the amendment.
13.8 Section 1. Minnesota Statutes 2010, section 256J.08, subdivision 11, is amended to
13.9read:
13.10 Subd. 11. Caregiver. "Caregiver" means a minor child'snatural birth or adoptive
13.11parent or parents and stepparent who live in the home with the minor child. For purposes
13.12of determining eligibility for this program, caregiver also means any of the following
13.13individuals, if adults, who live with and provide care and support to a minor child when
13.14the minor child'snatural birth or adoptive parent or parents or stepparents do not reside
13.15in the same home: legal custodian or guardian, grandfather, grandmother, brother, sister,
13.16half brother, half sister, stepbrother, stepsister, uncle, aunt, first cousin or first cousin once
13.17removed, nephew, niece, person of preceding generation as denoted by prefixes of "great,"
13.18"great-great," or "great-great-great," or a spouse of any person named in the above groups
13.19even after the marriage ends by death or divorce.
13.20 Sec. 2. Minnesota Statutes 2010, section 256J.24, subdivision 2, is amended to read:
13.21 Subd. 2. Mandatory assistance unit composition. Except for minor caregivers
13.22and their children who must be in a separate assistance unit from the other persons in
13.23the household, when the following individuals live together, they must be included in
13.24the assistance unit:
13.25(1) a minor child, including a pregnant minor;
13.26(2) the minor child's minor siblings, minor half siblings, and minor stepsiblings;
13.27(3) the minor child'snatural birth parents, adoptive parents, and stepparents; and
13.28(4) the spouse of a pregnant woman.
13.29A minor child must have a caregiver for the child to be included in the assistance unit.
13.30 Sec. 3. Minnesota Statutes 2010, section 256J.24, subdivision 6, is amended to read:
13.31 Subd. 6. Family cap. (a) MFIP assistance units shall not receive an increase in
13.32the cash portion of the transitional standard as a result of the birth of a child, or the
13.33later addition of a child to an assistance unit containing the child's birth parent when
14.1the child was born after the unit began receiving MFIP, unless one of the conditions
14.2under paragraph (b) is met. The child shall be considered a member of the assistance
14.3unit according to subdivisions 1 to 3, but shall be excluded in determining family size
14.4for purposes of determining the amount of the cash portion of the transitional standard
14.5under subdivision 5. The child shall be included in determining family size for purposes
14.6of determining the food portion of the transitional standard. The transitional standard
14.7under this subdivision shall be the total of the cash and food portions as specified in this
14.8paragraph. The family wage level under this subdivision shall be based on the family size
14.9used to determine the food portion of the transitional standard.
14.10(b) A child shall be included in determining family size for purposes of determining
14.11the amount of the cash portion of the MFIP transitional standard when at least one of
14.12the following conditions is met:
14.13(1) for families receiving MFIP assistance on July 1, 2003, the child is born to the
14.14adult parent before May 1, 2004;
14.15(2) for families who apply for the diversionary work program under section256J.95
14.16or MFIP assistance on or after July 1, 2003, the child is born to the adult parent within
14.17ten months of the date the family is eligible for assistance;
14.18(3) the child was conceived as a result of a sexual assault or incest, provided that the
14.19incident has been reported to a law enforcement agency;
14.20(4) the child's mother is a minor caregiver as defined in section256J.08, subdivision
14.2159 , and the child, or multiple children, are the mother's first birth;
14.22(5) the child is the mother's first child subsequent to a pregnancy that did not result
14.23in a live birth; or
14.24(6) any child previously excluded in determining family size under paragraph
14.25(a) shall be included if theadult parent or parents have not received benefits from the
14.26diversionary work program under section256J.95 or MFIP assistance in the previous ten
14.27months.An adult parent or Parents who reapply and have received benefits from the
14.28diversionary work program or MFIP assistance in the past ten months shall be under the
14.29ten-month grace period of their previous application under clause (2).
14.30(c) "Parent" as used in paragraph (b) includes birth and adoptive parents and
14.31stepparents who are ineligible to receive MFIP assistance under subdivision 3.
14.32(d) All assistance units that birth and adoptive parents and stepparents have been
14.33members of must be considered when determining the ten-month period, not just the
14.34current unit they are members of.
14.35(e) The first child born to caregivers who are not birth parents, adoptive parents,
14.36or stepparents shall be included in determining family size for purposes of determining
15.1the amount of the cash portion of the MFIP transitional standard. The first child shall
15.2be included regardless of whether the caregiver elected to be included in the assistance
15.3unit under subdivision 4a.
15.4(c) (f) Income and resources of a child excluded under this subdivision, except child
15.5support received or distributed on behalf of this child, must be considered using the same
15.6policies as for other children when determining the grant amount of the assistance unit.
15.7(d) (g) The caregiver must assign support and cooperate with the child support
15.8enforcement agency to establish paternity and collect child support on behalf of the
15.9excluded child. Failure to cooperate results in the sanction specified in section256J.46,
15.10subdivisions 2 and 2a . Current support paid on behalf of the excluded child shall be
15.11distributed according to section256.741, subdivision 15 .
15.12(e) (h) County agencies must inform applicants of the provisions under this
15.13subdivision at the time of each application and at recertification.
15.14(f) (i) Children excluded under this provision shall be deemed MFIP recipients for
15.15purposes of child care under chapter 119B.
15.16 Sec. 4. Minnesota Statutes 2010, section 256J.32, subdivision 6, is amended to read:
15.17 Subd. 6. Recertification. (a) The county agency shall recertify eligibility in an
15.18annual face-to-face interview with the participantand. The county agency may waive the
15.19face-to-face interview and conduct a phone interview for participants who qualify under
15.20paragraph (b). During the interview the county agency shall verify the following:
15.21 (1) presence of the minor child in the home, if questionable;
15.22 (2) income, unless excluded, including self-employment expenses used as a
15.23deduction or deposits or withdrawals from business accounts;
15.24 (3) assets when the value is within $200 of the asset limit;
15.25 (4) information to establish an exception under section256J.24, subdivision 9 , if
15.26questionable;
15.27 (5) inconsistent information, if related to eligibility; and
15.28 (6) whether a single caregiver household meets requirements in section256J.575 ,
15.29subdivision 3.
15.30(b) A participant who is employed any number of hours must be given the option of
15.31conducting a face-to-face or phone interview to recertify eligibility. The participant must
15.32be employed at the time the interview is scheduled. If the participant loses the participant's
15.33job between the time the interview is scheduled and when it is to be conducted, the phone
15.34interview may still be conducted.
15.35EFFECTIVE DATE.This section is effective October 1, 2011.
16.1 Sec. 5. Minnesota Statutes 2010, section 256J.621, is amended to read:
16.2256J.621 WORK PARTICIPATION CASH BENEFITS.
16.3 (a) Effective October 1, 2009, upon exiting the diversionary work program (DWP)
16.4or upon terminating the Minnesota family investment program with earnings, a participant
16.5who is employed may be eligible for work participation cash benefits of $25 per month
16.6to assist in meeting the family's basic needs as the participant continues to move toward
16.7self-sufficiency.
16.8 (b) To be eligible for work participation cash benefits, the participant shall not
16.9receive MFIP or diversionary work program assistance during the month and the
16.10participant or participants must meet the following work requirements:
16.11 (1) if the participant is a single caregiver and has a child under six years of age, the
16.12participant must be employed at least 87 hours per month;
16.13 (2) if the participant is a single caregiver and does not have a child under six years of
16.14age, the participant must be employed at least 130 hours per month; or
16.15 (3) if the household is a two-parent family, at least one of the parents must be
16.16employedan average of at least 130 hours per month.
16.17 Whenever a participant exits the diversionary work program or is terminated from
16.18MFIP and meets the other criteria in this section, work participation cash benefits are
16.19available for up to 24 consecutive months.
16.20 (c) Expenditures on the program are maintenance of effort state funds under
16.21a separate state program for participants under paragraph (b), clauses (1) and (2).
16.22Expenditures for participants under paragraph (b), clause (3), are nonmaintenance of effort
16.23funds. Months in which a participant receives work participation cash benefits under this
16.24section do not count toward the participant's MFIP 60-month time limit.
16.25 Sec. 6. Minnesota Statutes 2010, section 256J.68, subdivision 7, is amended to read:
16.26 Subd. 7. Exclusive procedure. The procedure established by this section is
16.27exclusive of all other legal, equitable, and statutory remedies against the state, its political
16.28subdivisions, or employees of the state or its political subdivisions. The claimant shall
16.29not be entitled to seek damages from any state, county, tribal, or reservation insurance
16.30policy or self-insurance program. A provider who accepts or agrees to accept an injury
16.31protection program payment for services provided to an individual must not require any
16.32payment from the individual.
16.33 Sec. 7. Minnesota Statutes 2010, section 256J.95, subdivision 3, is amended to read:
17.1 Subd. 3. Eligibility for diversionary work program. (a) Except for the categories
17.2of family units listedbelow in clauses (1) to (8), all family units who apply for cash
17.3benefits and who meet MFIP eligibility as required in sections256J.11 to
256J.15 are
17.4eligible and must participate in the diversionary work program. Family units or individuals
17.5that are not eligible for the diversionary work program include:
17.6 (1) child only cases;
17.7 (2)a single-parent family unit units that includes include a child under 12 months of
17.8age. A parent is eligible for this exception once in a parent's lifetime;
17.9 (3) family units with a minor parent without a high school diploma or its equivalent;
17.10 (4) family units with an 18- or 19-year-old caregiver without a high school diploma
17.11or its equivalent who chooses to have an employment plan with an education option;
17.12(5) a caregiver age 60 or over;
17.13(6) (5) family units with a caregiver who received DWP benefits in within the 12
17.14months prior to the month the family applied for DWP, except as provided in paragraph (c);
17.15(7) (6) family units with a caregiver who received MFIP within the 12 months prior
17.16to the month the familyunit applied for DWP;
17.17(8) a (7) family unit units with a caregiver who received 60 or more months of
17.18TANF assistance; and
17.19(9) (8) family units with a caregiver who is disqualified from the work participation
17.20cash benefit program, DWP, or MFIP due to fraud; and.
17.21(10) refugees and asylees as defined in Code of Federal Regulations, title 45, part
17.22400, subpart d, section
400.43, who arrived in the United States in the 12 months prior to
17.23the date of application for family cash assistance.
17.24 (b) A two-parent family must participate in DWP unless both caregivers meet the
17.25criteria for an exception under paragraph (a), clauses (1) through (5), or the family unit
17.26includes a parent who meets the criteria in paragraph (a), clause (6), (7), (8), (9), or (10).
17.27 (c) Once DWP eligibility is determined, the four months run consecutively. If a
17.28participant leaves the program for any reason and reapplies during the four-month period,
17.29the county must redetermine eligibility for DWP.
17.32 Section 1. Minnesota Statutes 2010, section 518C.205, is amended to read:
17.33518C.205 CONTINUING, EXCLUSIVE JURISDICTION.
18.1(a) A tribunal of this state issuing a support order consistent with the law of this state
18.2has continuing, exclusive jurisdiction over a child support order unless:
18.3(1)as long as this state remains is no longer the residence of the obligor, the
18.4individual obligee, or and the child for whose benefit the support order is issued; or
18.5(2)until all of the parties who are individuals have filed written consents with
18.6the tribunal of this state for a tribunal of another state to modify the order and assume
18.7continuing, exclusive jurisdiction.
18.8(b) A tribunal of this state issuing a child support order consistent with the law of
18.9this state may not exercise its continuing jurisdiction to modify the order if the order has
18.10been modified by a tribunal of another state pursuant to this chapter or a law substantially
18.11similar to this chapter.
18.12(c) If a child support order of this state is modified by a tribunal of another state
18.13pursuant to this chapter or a law substantially similar to this chapter, a tribunal of this state
18.14loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the
18.15order issued in this state, and may only:
18.16(1) enforce the order that was modified as to amounts accruing before the
18.17modification;
18.18(2) enforce nonmodifiable aspects of that order; and
18.19(3) provide other appropriate relief for violations of that order which occurred before
18.20the effective date of the modification.
18.21(d) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a
18.22tribunal of another state which has issued a child support order pursuant to this chapter or
18.23a law substantially similar to this chapter.
18.24(e) A temporary support order issued ex parte or pending resolution of a jurisdictional
18.25conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
18.26(f) A tribunal of this state issuing a support order consistent with the law of this
18.27state has continuing, exclusive jurisdiction over a spousal support order throughout the
18.28existence of the support obligation. A tribunal of this state may not modify a spousal
18.29support order issued by a tribunal of another state having continuing, exclusive jurisdiction
18.30over that order under the law of that state.
1.3family services provisions; making changes to the Minnesota family investment
1.4program and child care assistance program; simplifying the Minnesota family
1.5investment program and diversionary work program; changing a child support
1.6provision;amending Minnesota Statutes 2010, sections 119B.09, subdivision
1.77; 119B.12, subdivisions 1, 2; 119B.125, subdivisions 1a, 2, 6; 119B.13,
1.8subdivisions 1, 3a, 6; 119B.19, subdivision 7; 119B.21, subdivision 5; 256J.08,
1.9subdivision 11; 256J.24, subdivisions 2, 6; 256J.32, subdivision 6; 256J.621;
1.10256J.68, subdivision 7; 256J.95, subdivision 3; 518C.205.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. Minnesota Statutes 2010, section 119B.09, subdivision 7, is amended to read:
1.15 Subd. 7. Date of eligibility for assistance. (a) The date of eligibility for child care
1.16assistance under this chapter is the later of the date the application was
1.17the county; the beginning date of employment, education, or training; the date the infant is
1.18born for applicants to the at-home infant care program; or the date a determination has
1.19been made that the applicant is a participant in employment and training services under
1.20Minnesota Rules, part 3400.0080, or chapter 256J.
1.21 (b) Payment ceases for a family under the at-home infant child care program when a
1.22family has used a total of 12 months of assistance as specified under section
1.23Payment of child care assistance for employed persons on MFIP is effective the date of
1.24employment or the date of MFIP eligibility, whichever is later. Payment of child care
1.25assistance for MFIP or DWP participants in employment and training services is effective
1.26the date of commencement of the services or the date of MFIP or DWP eligibility,
2.1whichever is later. Payment of child care assistance for transition year child care must be
2.2made retroactive to the date of eligibility for transition year child care.
2.3(c) Notwithstanding paragraph (b), payment of child care assistance for participants
2.4eligible under section
2.5months from the date of application for child care assistance.
2.6 Sec. 2. Minnesota Statutes 2010, section 119B.12, subdivision 1, is amended to read:
2.7 Subdivision 1. Fee schedule. All changes to parent fees must be implemented on
2.8the first Monday of the service period following the effective date of the change.
2.9 PARENT FEE SCHEDULE. The parent fee schedule is as follows, except as noted
2.10in subdivision 2:
3.7 A family's
3.8the income range multiplied by the highest possible income within that income range.
3.9 Sec. 3. Minnesota Statutes 2010, section 119B.12, subdivision 2, is amended to read:
3.10 Subd. 2. Parent fee. A family must be assessed a parent fee for each service period.
3.11A family's parent fee must be a fixed percentage of its annual gross income. Parent fees
3.12must apply to families eligible for child care assistance under sections
3.14percent is based on the relationship of the family's annual gross income to 100 percent
3.15of the annual state median income. Parent fees must begin at 75 percent of the poverty
3.16level. The minimum parent fees for families between 75 percent and 100 percent of
3.17poverty level must be
3.18for graduated movement to full payment. Payment of part or all of a family's parent
3.19fee directly to the family's child care provider on behalf of the family by a source other
3.20than the family shall not affect the family's eligibility for child care assistance, and the
3.21amount paid shall be excluded from the family's income. Child care providers who accept
3.22third-party payments must maintain family specific documentation of payment source,
3.23amount, and time period covered by the payment.
3.24 Sec. 4. Minnesota Statutes 2010, section 119B.125, subdivision 1a, is amended to read:
3.25 Subd. 1a. Background study required. This subdivision only applies to legal,
3.26nonlicensed family child care providers. Prior to authorization, and as part of each
3.27reauthorization required in subdivision 1, the county shall perform a background study on
3.28every member of the provider's household who is age 13 and older.
3.29
3.30perform a background study on an individual who has reached age ten but is not yet age
3.3113 and is living in the household where the nonlicensed child care will be provided when
3.32the county has reasonable cause as defined under section 245C.02, subdivision 15.
3.33 Sec. 5. Minnesota Statutes 2010, section 119B.125, subdivision 2, is amended to read:
4.1 Subd. 2. Persons who cannot be authorized. (a)
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4.13this section shall collect the information required under section 245C.05, subdivision 1,
4.14and forward the information to the county agency. The background study must include
4.15a review of the information required under section 245C.08, subdivisions 2, 3, and 4,
4.16paragraph (b). A nonlicensed family child care provider is not authorized under this
4.17section if any household member who is the subject of a background study is determined
4.18to have a disqualifying characteristic under paragraphs (b) to (e) or under section 245C.14
4.19or 245C.15. If a county has determined that a provider is able to be authorized in that
4.20county, and a family in another county later selects that provider, the provider is able to
4.21be authorized in the second county without undergoing a new background investigation
4.22unless one of the following conditions exists:
4.23 (1) two years have passed since the first authorization;
4.24 (2) another person age 13 or older has joined the provider's household since the
4.25last authorization;
4.26 (3) a current household member has turned 13 since the last authorization; or
4.27 (4) there is reason to believe that a household member has a factor that prevents
4.28authorization.
4.29
4.30
4.31
4.32
4.33
4.34
4.35
4.36
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
5.18
5.19
5.20
5.21
5.22
5.23
5.24
5.25
5.26
5.27
5.28
5.29
5.30
5.31
5.32
5.33
5.34
5.35
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
6.11
6.12
6.13
6.14
6.15
6.16
6.17
6.18
6.19
6.20
6.21
6.22
6.23
6.24
6.25
6.26
6.27
6.28
6.29
6.30
6.31
6.32
6.33
6.34
6.35
6.36
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.10
7.11
7.12history records.
7.13
7.14or a sanction as a licensed child care provider that has not been reversed on appeal.
7.15
7.16been set aside.
7.17
7.18of evidence that fraudulent information was given to the county for child care assistance
7.19application purposes or was used in submitting child care assistance bills for payment.
7.20
7.21
7.22
7.23
7.24
7.25
7.26
7.27
7.28
7.29
7.30
7.31
7.32
7.33 Sec. 6. Minnesota Statutes 2010, section 119B.125, subdivision 6, is amended to read:
7.34 Subd. 6. Record-keeping requirement. All providers receiving child care
7.35assistance payments must keep daily attendance records for all children
8.1
8.2upon request. The attendance records must be completed daily and include the date, the
8.3first, middle, and last name of each child in attendance, the times when each child is
8.4dropped off and picked up, and the total number of hours of attendance for each child
8.5present on that date. The times that the child was dropped off to and picked up from the
8.6child care provider must be entered by the person dropping off or picking up the child. The
8.7daily attendance records must be retained for six years after the date of service. A county
8.8may deny authorization as a child care provider to any applicant or rescind authorization
8.9of any provider when the county knows or has reason to believe that the provider has not
8.10complied with the record-keeping requirement in this subdivision.
8.11 Sec. 7. Minnesota Statutes 2010, section 119B.13, subdivision 1, is amended to read:
8.12 Subdivision 1. Subsidy restrictions. (a) Beginning July 1, 2006, the maximum rate
8.13paid for child care assistance in any county or multicounty region under the child care
8.14fund shall be the rate for like-care arrangements in the county effective January 1, 2006,
8.15increased by six percent.
8.16 (b) Rate changes shall be implemented for services provided in September 2006
8.17unless a participant eligibility redetermination or a new provider agreement is completed
8.18between July 1, 2006, and August 31, 2006.
8.19 As necessary, appropriate notice of adverse action must be made according to
8.20Minnesota Rules, part 3400.0185, subparts 3 and 4.
8.21 New cases approved on or after July 1, 2006, shall have the maximum rates under
8.22paragraph (a), implemented immediately.
8.23 (c)
8.24rates charged by child care providers in Minnesota to determine the 75th percentile for
8.25like-care arrangements in counties. When the commissioner determines that, using the
8.26commissioner's established protocol, the number of providers responding to the survey is
8.27too small to determine the 75th percentile rate for like-care arrangements in a county or
8.28multicounty region, the commissioner may establish the 75th percentile maximum rate
8.29based on like-care arrangements in a county, region, or category that the commissioner
8.30deems to be similar.
8.31 (d) A rate which includes a special needs rate paid under subdivision 3 or under a
8.32school readiness service agreement paid under section 119B.231, may be in excess of the
8.33maximum rate allowed under this subdivision.
8.34 (e) The department shall monitor the effect of this paragraph on provider rates. The
8.35county shall pay the provider's full charges for every child in care up to the maximum
9.1established. The commissioner shall determine the maximum rate for each type of care on
9.2an hourly, full-day, and weekly basis, including special needs and disability care.
9.3 (f) When the provider charge is greater than the maximum provider rate allowed,
9.4the parent is responsible for payment of the difference in the rates in addition to any
9.5family co-payment fee.
9.6 (g) All maximum provider rates changes shall be implemented on the Monday
9.7following the effective date of the maximum provider rate.
9.8 Sec. 8. Minnesota Statutes 2010, section 119B.13, subdivision 3a, is amended to read:
9.9 Subd. 3a. Provider rate differential for accreditation. A family child care
9.10provider or child care center shall be paid a 15 percent differential above the maximum rate
9.11established in subdivision 1, up to the actual provider rate, if the provider or center holds a
9.12current early childhood development credential or is accredited. For a family child care
9.13provider, early childhood development credential and accreditation includes an individual
9.14who has earned a child development associate degree, a child development associate
9.15credential, a diploma in child development from a Minnesota state technical college, or a
9.16bachelor's or post baccalaureate degree in early childhood education from an accredited
9.17college or university, or who is accredited by the National Association for Family Child
9.18Care
9.191, 2012, a request or renewal for the rate differential submitted by a family child care
9.20provider must be documented using the Minnesota Center for Professional Development
9.21Career Lattice. To meet the requirement for the differential, the provider must be at a
9.22level six or higher on the Career Lattice. For a child care center, accreditation includes
9.23accreditation by the National Association for the Education of Young Children, the
9.24Council on Accreditation, the National Early Childhood Program Accreditation,
9.25
9.26the National Head Start Association Program of Excellence. For Montessori programs,
9.27accreditation includes the American Montessori Society
9.28International-USA
9.29 Sec. 9. Minnesota Statutes 2010, section 119B.13, subdivision 6, is amended to read:
9.30 Subd. 6. Provider payments. (a) The provider shall bill for services provided
9.31within ten days of the end of the service period. If bills are submitted within ten days of
9.32the end of the service period, payments under the child care fund shall be made within 30
9.33days of receiving a bill from the provider. Counties or the state may establish policies that
9.34make payments on a more frequent basis.
10.1(b) If a provider has received an authorization of care and been issued a billing form
10.2for an eligible family, the bill must be submitted within 60 days of the last date of service
10.3on the bill. A bill submitted more than 60 days after the last date of service must be
10.4paid if the county determines that the provider has shown good cause why the bill was
10.5not submitted within 60 days. Good cause must be defined in the county's child care
10.6fund plan under section
10.7include county error. Any bill submitted more than a year after the last date of service on
10.8the bill must not be paid.
10.9(c) If a provider provided care for a time period without receiving an authorization
10.10of care and a billing form for an eligible family, payment of child care assistance may only
10.11be made retroactively for a maximum of six months from the date the provider is issued
10.12an authorization of care and billing form.
10.13(d) A county may refuse to issue a child care authorization to a licensed or legal
10.14nonlicensed provider, revoke an existing child care authorization to a licensed or legal
10.15nonlicensed provider, stop payment issued to a licensed or legal nonlicensed provider, or
10.16
10.17(1) the provider admits to intentionally giving the county materially false information
10.18on the provider's billing forms;
10.19(2) a county finds by a preponderance of the evidence that the provider intentionally
10.20gave the county materially false information on the provider's billing forms
10.21(3) the provider is in violation of licensing or child care assistance program rules and
10.22the provider has not corrected the violation;
10.23(4) the provider submits false attendance reports or refuses to provide documentation
10.24of the child's attendance upon request; or
10.25(5) the provider gives false child care price information.
10.26(e) A county's payment policies must be included in the county's child care plan
10.27under section
10.28being in compliance with this subdivision, the payments must be made in compliance
10.29with section
10.30 Sec. 10. Minnesota Statutes 2010, section 119B.19, subdivision 7, is amended to read:
10.31 Subd. 7. Child care resource and referral programs.
10.32the oversight of the commissioner and according to directions provided by the Minnesota
10.33Child Care Resource And Referral Network office, a child care resource and referral
10.34program must carry out the following duties:
11.1(1) maintain one database of all existing child care resources and services and one
11.2database of family referrals;
11.3(2) provide a child care referral service for families;
11.4(3) develop resources to meet the child care service needs of families, including
11.5consumer education to assist in the selection of quality care;
11.6(4) increase the capacity to provide culturally responsive child care services;
11.7(5) coordinate professional development opportunities for child care and school-age
11.8care providers to help providers implement early learning guidelines and program
11.9standards;
11.10(6) administer and award child care services grants that support quality improvement
11.11activities;
11.12(7)
11.13
11.14
11.15learning guidelines and program standards; and
11.16(8) assist in fostering coordination, collaboration, and planning among child care
11.17programs and community programs such as school readiness, Head Start, early childhood
11.18family education, local interagency early intervention committees, early childhood
11.19screening, special education services, and other early childhood care and education
11.20services and programs that provide flexible, family-focused services to families with
11.21young children to the extent possible.
11.22 Sec. 11. Minnesota Statutes 2010, section 119B.21, subdivision 5, is amended to read:
11.23 Subd. 5. Child care services grants. (a) A child care resource and referral program
11.24designated under section
11.25for:
11.26 (1) creating new licensed child care facilities and expanding existing facilities,
11.27including, but not limited to, supplies, equipment, facility renovation, and remodeling;
11.28 (2) improving licensed child care facility programs;
11.29 (3) staff training and development services including, but not limited to, in-service
11.30training, curriculum development, accreditation, certification, consulting, resource
11.31centers, program and resource materials, supporting effective teacher-child interactions,
11.32child-focused teaching, and content-driven classroom instruction;
11.33 (4) capacity building through the purchase of appropriate technology to create,
11.34enhance, and maintain business management systems;
11.35 (5) emergency assistance for child care programs;
12.1 (6) new programs or projects for the creation, expansion, or improvement of
12.2programs that serve ethnic immigrant and refugee communities; and
12.3 (7) targeted recruitment initiatives to expand and build the capacity of the child
12.4care system and to improve the quality of care provided by legal nonlicensed child care
12.5providers.
12.6(b) A child care resource and referral organization designated under section
12.7subdivision 1a, may award child care services grants of up to $1,000 to family child care
12.8providers. These grants may be used for:
12.9(1) facility improvements, including, but not limited to, improvements to meet
12.10licensing requirements;
12.11(2) improvements to expand a child care facility or program;
12.12(3) toys and equipment;
12.13(4) technology and software to create, enhance, and maintain business management
12.14systems;
12.15(5) start-up costs;
12.16(6) staff training and development; and
12.17(7) other uses approved by the commissioner.
12.18 (c) A child care resource and referral program designated under section
12.19subdivision 1a
12.20 (1) licensed providers;
12.21 (2) providers in the process of being licensed;
12.22 (3) corporations or public agencies that develop or provide child care services;
12.23 (4) school-age care programs;
12.24 (5) legal nonlicensed or family, friend, and neighbor care providers; or
12.25 (6) any combination of clauses (1) to (5).
12.26 (d) A child care center that is a recipient of a child care services grant for facility
12.27improvements or staff training and development must provide a 25 percent local match. A
12.28local match is not required for grants to family child care providers.
12.29(e)
12.30licensed family child care providers who are implementing early learning guidelines and
12.31program standards shall be
12.32
12.33
12.34
12.35priority for grant funds under this subdivision if the provider's proposed use of grant
12.36funds is to enhance quality.
13.1 Sec. 12. CHILD CARE ASSISTANCE PROGRAM RULE CHANGE.
13.2The commissioner shall amend Minnesota Rules, part 3400.0035, subpart 2, to
13.3remove the requirement that applications must be submitted by mail or delivered to the
13.4agency within 15 calendar days after the date of signature. The commissioner shall
13.5comply with Minnesota Statutes, section 14.389, in adopting the amendment.
13.8 Section 1. Minnesota Statutes 2010, section 256J.08, subdivision 11, is amended to
13.9read:
13.10 Subd. 11. Caregiver. "Caregiver" means a minor child's
13.11parent or parents and stepparent who live in the home with the minor child. For purposes
13.12of determining eligibility for this program, caregiver also means any of the following
13.13individuals, if adults, who live with and provide care and support to a minor child when
13.14the minor child's
13.15in the same home: legal custodian or guardian, grandfather, grandmother, brother, sister,
13.16half brother, half sister, stepbrother, stepsister, uncle, aunt, first cousin or first cousin once
13.17removed, nephew, niece, person of preceding generation as denoted by prefixes of "great,"
13.18"great-great," or "great-great-great," or a spouse of any person named in the above groups
13.19even after the marriage ends by death or divorce.
13.20 Sec. 2. Minnesota Statutes 2010, section 256J.24, subdivision 2, is amended to read:
13.21 Subd. 2. Mandatory assistance unit composition. Except for minor caregivers
13.22and their children who must be in a separate assistance unit from the other persons in
13.23the household, when the following individuals live together, they must be included in
13.24the assistance unit:
13.25(1) a minor child, including a pregnant minor;
13.26(2) the minor child's minor siblings, minor half siblings, and minor stepsiblings;
13.27(3) the minor child's
13.28(4) the spouse of a pregnant woman.
13.29A minor child must have a caregiver for the child to be included in the assistance unit.
13.30 Sec. 3. Minnesota Statutes 2010, section 256J.24, subdivision 6, is amended to read:
13.31 Subd. 6. Family cap. (a) MFIP assistance units shall not receive an increase in
13.32the cash portion of the transitional standard as a result of the birth of a child, or the
13.33later addition of a child to an assistance unit containing the child's birth parent when
14.1the child was born after the unit began receiving MFIP, unless one of the conditions
14.2under paragraph (b) is met. The child shall be considered a member of the assistance
14.3unit according to subdivisions 1 to 3, but shall be excluded in determining family size
14.4for purposes of determining the amount of the cash portion of the transitional standard
14.5under subdivision 5. The child shall be included in determining family size for purposes
14.6of determining the food portion of the transitional standard. The transitional standard
14.7under this subdivision shall be the total of the cash and food portions as specified in this
14.8paragraph. The family wage level under this subdivision shall be based on the family size
14.9used to determine the food portion of the transitional standard.
14.10(b) A child shall be included in determining family size for purposes of determining
14.11the amount of the cash portion of the MFIP transitional standard when at least one of
14.12the following conditions is met:
14.13(1) for families receiving MFIP assistance on July 1, 2003, the child is born to the
14.14
14.15(2) for families who apply for the diversionary work program under section
14.17ten months of the date the family is eligible for assistance;
14.18(3) the child was conceived as a result of a sexual assault or incest, provided that the
14.19incident has been reported to a law enforcement agency;
14.20(4) the child's mother is a minor caregiver as defined in section
14.2159
14.22(5) the child is the mother's first child subsequent to a pregnancy that did not result
14.23in a live birth; or
14.24(6) any child previously excluded in determining family size under paragraph
14.25(a) shall be included if the
14.26diversionary work program under section
14.27months.
14.28diversionary work program or MFIP assistance in the past ten months shall be under the
14.29ten-month grace period of their previous application under clause (2).
14.30(c) "Parent" as used in paragraph (b) includes birth and adoptive parents and
14.31stepparents who are ineligible to receive MFIP assistance under subdivision 3.
14.32(d) All assistance units that birth and adoptive parents and stepparents have been
14.33members of must be considered when determining the ten-month period, not just the
14.34current unit they are members of.
14.35(e) The first child born to caregivers who are not birth parents, adoptive parents,
14.36or stepparents shall be included in determining family size for purposes of determining
15.1the amount of the cash portion of the MFIP transitional standard. The first child shall
15.2be included regardless of whether the caregiver elected to be included in the assistance
15.3unit under subdivision 4a.
15.4
15.5support received or distributed on behalf of this child, must be considered using the same
15.6policies as for other children when determining the grant amount of the assistance unit.
15.7
15.8enforcement agency to establish paternity and collect child support on behalf of the
15.9excluded child. Failure to cooperate results in the sanction specified in section
15.10subdivisions 2 and 2a
15.11distributed according to section
15.12
15.13subdivision at the time of each application and at recertification.
15.14
15.15purposes of child care under chapter 119B.
15.16 Sec. 4. Minnesota Statutes 2010, section 256J.32, subdivision 6, is amended to read:
15.17 Subd. 6. Recertification. (a) The county agency shall recertify eligibility in an
15.18annual face-to-face interview with the participant
15.19face-to-face interview and conduct a phone interview for participants who qualify under
15.20paragraph (b). During the interview the county agency shall verify the following:
15.21 (1) presence of the minor child in the home, if questionable;
15.22 (2) income, unless excluded, including self-employment expenses used as a
15.23deduction or deposits or withdrawals from business accounts;
15.24 (3) assets when the value is within $200 of the asset limit;
15.25 (4) information to establish an exception under section
15.26questionable;
15.27 (5) inconsistent information, if related to eligibility; and
15.28 (6) whether a single caregiver household meets requirements in section
15.29subdivision 3.
15.30(b) A participant who is employed any number of hours must be given the option of
15.31conducting a face-to-face or phone interview to recertify eligibility. The participant must
15.32be employed at the time the interview is scheduled. If the participant loses the participant's
15.33job between the time the interview is scheduled and when it is to be conducted, the phone
15.34interview may still be conducted.
15.35EFFECTIVE DATE.This section is effective October 1, 2011.
16.1 Sec. 5. Minnesota Statutes 2010, section 256J.621, is amended to read:
16.2256J.621 WORK PARTICIPATION CASH BENEFITS.
16.3 (a) Effective October 1, 2009, upon exiting the diversionary work program (DWP)
16.4or upon terminating the Minnesota family investment program with earnings, a participant
16.5who is employed may be eligible for work participation cash benefits of $25 per month
16.6to assist in meeting the family's basic needs as the participant continues to move toward
16.7self-sufficiency.
16.8 (b) To be eligible for work participation cash benefits, the participant shall not
16.9receive MFIP or diversionary work program assistance during the month and the
16.10participant or participants must meet the following work requirements:
16.11 (1) if the participant is a single caregiver and has a child under six years of age, the
16.12participant must be employed at least 87 hours per month;
16.13 (2) if the participant is a single caregiver and does not have a child under six years of
16.14age, the participant must be employed at least 130 hours per month; or
16.15 (3) if the household is a two-parent family, at least one of the parents must be
16.16employed
16.17 Whenever a participant exits the diversionary work program or is terminated from
16.18MFIP and meets the other criteria in this section, work participation cash benefits are
16.19available for up to 24 consecutive months.
16.20 (c) Expenditures on the program are maintenance of effort state funds under
16.21a separate state program for participants under paragraph (b), clauses (1) and (2).
16.22Expenditures for participants under paragraph (b), clause (3), are nonmaintenance of effort
16.23funds. Months in which a participant receives work participation cash benefits under this
16.24section do not count toward the participant's MFIP 60-month time limit.
16.25 Sec. 6. Minnesota Statutes 2010, section 256J.68, subdivision 7, is amended to read:
16.26 Subd. 7. Exclusive procedure. The procedure established by this section is
16.27exclusive of all other legal, equitable, and statutory remedies against the state, its political
16.28subdivisions, or employees of the state or its political subdivisions. The claimant shall
16.29not be entitled to seek damages from any state, county, tribal, or reservation insurance
16.30policy or self-insurance program. A provider who accepts or agrees to accept an injury
16.31protection program payment for services provided to an individual must not require any
16.32payment from the individual.
16.33 Sec. 7. Minnesota Statutes 2010, section 256J.95, subdivision 3, is amended to read:
17.1 Subd. 3. Eligibility for diversionary work program. (a) Except for the categories
17.2of family units listed
17.3benefits and who meet MFIP eligibility as required in sections
17.4eligible and must participate in the diversionary work program. Family units or individuals
17.5that are not eligible for the diversionary work program include:
17.6 (1) child only cases;
17.7 (2)
17.8age. A parent is eligible for this exception once in a parent's lifetime;
17.9 (3) family units with a minor parent without a high school diploma or its equivalent;
17.10 (4) family units with an 18- or 19-year-old caregiver without a high school diploma
17.11or its equivalent who chooses to have an employment plan with an education option;
17.12
17.13
17.14months prior to the month the family applied for DWP, except as provided in paragraph (c);
17.15
17.16to the month the family
17.17
17.18TANF assistance; and
17.19
17.20cash benefit program, DWP, or MFIP due to fraud
17.21
17.22
17.23
17.24 (b) A two-parent family must participate in DWP unless both caregivers meet the
17.25criteria for an exception under paragraph (a), clauses (1) through (5), or the family unit
17.26includes a parent who meets the criteria in paragraph (a), clause (6), (7), (8), (9), or (10).
17.27 (c) Once DWP eligibility is determined, the four months run consecutively. If a
17.28participant leaves the program for any reason and reapplies during the four-month period,
17.29the county must redetermine eligibility for DWP.
17.32 Section 1. Minnesota Statutes 2010, section 518C.205, is amended to read:
17.33518C.205 CONTINUING, EXCLUSIVE JURISDICTION.
18.1(a) A tribunal of this state issuing a support order consistent with the law of this state
18.2has continuing, exclusive jurisdiction over a child support order unless:
18.3(1)
18.4individual obligee,
18.5(2)
18.6the tribunal of this state for a tribunal of another state to modify the order and assume
18.7continuing, exclusive jurisdiction.
18.8(b) A tribunal of this state issuing a child support order consistent with the law of
18.9this state may not exercise its continuing jurisdiction to modify the order if the order has
18.10been modified by a tribunal of another state pursuant to this chapter or a law substantially
18.11similar to this chapter.
18.12(c) If a child support order of this state is modified by a tribunal of another state
18.13pursuant to this chapter or a law substantially similar to this chapter, a tribunal of this state
18.14loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the
18.15order issued in this state, and may only:
18.16(1) enforce the order that was modified as to amounts accruing before the
18.17modification;
18.18(2) enforce nonmodifiable aspects of that order; and
18.19(3) provide other appropriate relief for violations of that order which occurred before
18.20the effective date of the modification.
18.21(d) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a
18.22tribunal of another state which has issued a child support order pursuant to this chapter or
18.23a law substantially similar to this chapter.
18.24(e) A temporary support order issued ex parte or pending resolution of a jurisdictional
18.25conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
18.26(f) A tribunal of this state issuing a support order consistent with the law of this
18.27state has continuing, exclusive jurisdiction over a spousal support order throughout the
18.28existence of the support obligation. A tribunal of this state may not modify a spousal
18.29support order issued by a tribunal of another state having continuing, exclusive jurisdiction
18.30over that order under the law of that state.
