.................... moves to amend H.F. No. 1967 as follows:
Page 1, after line 14, insert:
1.4CHILDREN AND FAMILIES POLICY PROVISIONS1.5
Page 59, after line 29, insert:
Section 1. Minnesota Statutes 2010, section 119B.09, subdivision 7, is amended to read:
Subd. 7. Date of eligibility for assistance.
(a) The date of eligibility for child care
assistance under this chapter is the later of the date the application was
signed received by
; the beginning date of employment, education, or training; the date the infant is
born for applicants to the at-home infant care program; or the date a determination has
been made that the applicant is a participant in employment and training services under
Minnesota Rules, part 3400.0080, or chapter 256J.
(b) Payment ceases for a family under the at-home infant child care program when a
family has used a total of 12 months of assistance as specified under section
Payment of child care assistance for employed persons on MFIP is effective the date of
employment or the date of MFIP eligibility, whichever is later. Payment of child care
assistance for MFIP or DWP participants in employment and training services is effective
the date of commencement of the services or the date of MFIP or DWP eligibility,
whichever is later. Payment of child care assistance for transition year child care must be
made retroactive to the date of eligibility for transition year child care.
(c) Notwithstanding paragraph (b), payment of child care assistance for participants
eligible under section
may only be made retroactive for a maximum of six
months from the date of application for child care assistance.
Sec. 2. Minnesota Statutes 2010, section 119B.12, subdivision 1, is amended to read:
Subdivision 1. Fee schedule.
All changes to parent fees must be implemented on
the first Monday of the service period following the effective date of the change.
PARENT FEE SCHEDULE. The parent fee schedule is as follows, except as noted
in subdivision 2:
|Income Range (as a percent of the state
median income, except at the start of the
|Co-payment (as a percentage of adjusted
|0-74.99% of federal poverty guidelines
|75.00-99.99% of federal poverty guidelines
|100.00% of federal poverty
|Greater than 67.00%
co-payment fee is the fixed percentage established for
the income range multiplied by the highest possible income within that income range.
Sec. 3. Minnesota Statutes 2010, section 119B.12, subdivision 2, is amended to read:
Subd. 2. Parent fee.
A family must be assessed a parent fee for each service period.
A family's parent fee must be a fixed percentage of its annual gross income. Parent fees
must apply to families eligible for child care assistance under sections
. Income must be as defined in section
119B.011, subdivision 15
. The fixed
percent is based on the relationship of the family's annual gross income to 100 percent
of the annual state median income. Parent fees must begin at 75 percent of the poverty
level. The minimum parent fees for families between 75 percent and 100 percent of
poverty level must be
$5 per month $2 per biweekly period
. Parent fees must provide
for graduated movement to full payment. Payment of part or all of a family's parent
fee directly to the family's child care provider on behalf of the family by a source other
than the family shall not affect the family's eligibility for child care assistance, and the
amount paid shall be excluded from the family's income. Child care providers who accept
third-party payments must maintain family specific documentation of payment source,
amount, and time period covered by the payment.
Sec. 4. Minnesota Statutes 2010, section 119B.125, subdivision 1a, is amended to read:
Subd. 1a. Background study required.
This subdivision only applies to legal,
nonlicensed family child care providers. Prior to authorization, and as part of each
reauthorization required in subdivision 1, the county shall perform a background study on
every member of the provider's household who is age 13 and older.
The background study
3.23 shall be conducted according to the procedures under subdivision 2. The county shall also
3.24perform a background study on an individual who has reached age ten but is not yet age
3.2513 and is living in the household where the nonlicensed child care will be provided when
3.26the county has reasonable cause as defined under section 245C.02, subdivision 15.
Sec. 5. Minnesota Statutes 2010, section 119B.125, subdivision 2, is amended to read:
Subd. 2. Persons who cannot be authorized.
When any member of the
3.29 legal, nonlicensed family child care provider's household meets any of the conditions
3.30 under paragraphs (b) to (n), the provider must not be authorized as a legal nonlicensed
3.31 family child care provider. To determine whether any of the listed conditions exist, the
3.32 county must request information about the provider and other household members for
3.33 whom a background study is required under subdivision 1a from the Bureau of Criminal
4.1 Apprehension, the juvenile courts, and social service agencies. When one of the listed
4.2 entities does not maintain information on a statewide basis, the county must contact
4.3 the entity in the county where the provider resides and any other county in which the
4.4 provider or any household member previously resided in the past year. For purposes of
4.5 this subdivision, a finding that a delinquency petition is proven in juvenile court must be
4.6 considered a conviction in state district court. The provider seeking authorization under
4.7this section shall collect the information required under section 245C.05, subdivision 1,
4.8and forward the information to the county agency. The background study must include
4.9a review of the information required under section 245C.08, subdivisions 2, 3, and 4,
4.10paragraph (b). A nonlicensed family child care provider is not authorized under this
4.11section if any household member who is the subject of a background study is determined
4.12to have a disqualifying characteristic under paragraphs (b) to (e) or under section 245C.14
If a county has determined that a provider is able to be authorized in that
county, and a family in another county later selects that provider, the provider is able to
be authorized in the second county without undergoing a new background investigation
unless one of the following conditions exists:
(1) two years have passed since the first authorization;
(2) another person age 13 or older has joined the provider's household since the
(3) a current household member has turned 13 since the last authorization; or
(4) there is reason to believe that a household member has a factor that prevents
(b) The person has been convicted of one of the following offenses or has admitted to
4.24 committing or a preponderance of the evidence indicates that the person has committed an
4.25 act that meets the definition of one of the following offenses: sections
4.26 murder in the first, second, or third degree;
609.2663 , murder of an unborn
4.27 child in the first, second, or third degree;
609.322 , solicitation, inducement, promotion
4.28 of prostitution, or receiving profit from prostitution;
609.345 , criminal sexual
4.29 conduct in the first, second, third, or fourth degree;
609.352 , solicitation of children to
4.30 engage in sexual conduct;
609.365 , incest;
609.377 , felony malicious punishment of a
617.246 , use of minors in sexual performance;
617.247 , possession of pictorial
4.32 representation of a minor;
609.2243 , felony domestic assault; a felony offense
4.33 of spousal abuse; a felony offense of child abuse or neglect; a felony offense of a crime
4.34 against children; or an attempt or conspiracy to commit any of these offenses as defined in
4.35 Minnesota Statutes; or an offense in any other state or country where the elements are
4.36 substantially similar to any of the offenses listed in this paragraph.
5.1 (c) Less than 15 years have passed since the discharge of the sentence imposed for
5.2 the offense and the person has received a felony conviction for one of the following
5.3 offenses, or the person has admitted to committing or a preponderance of the evidence
5.4 indicates that the person has committed an act that meets the definition of a felony
5.5 conviction for one of the following offenses: sections
609.205 , manslaughter
5.6 in the first or second degree;
609.21 , criminal vehicular homicide;
609.215 , aiding
5.7 suicide or aiding attempted suicide;
609.2231 , assault in the first, second,
5.8 third, or fourth degree;
609.224 , repeat offenses of fifth-degree assault;
609.228 , great
5.9 bodily harm caused by distribution of drugs;
609.2325 , criminal abuse of a vulnerable
609.2335 , financial exploitation of a vulnerable adult;
609.235 , use of drugs to
5.11 injure or facilitate a crime;
609.24 , simple robbery;
617.241 , repeat offenses of obscene
5.12 materials and performances;
609.245 , aggravated robbery;
609.25 , kidnapping;
5.13 false imprisonment;
609.2665 , manslaughter of an unborn child in the first or
5.14 second degree;
609.2672 , assault of an unborn child in the first, second, or third
609.268 , injury or death of an unborn child in the commission of a crime;
609.275 , attempt to coerce;
609.324, subdivision 1 , other prohibited acts, minor
5.17 engaged in prostitution;
609.3451 , repeat offenses of criminal sexual conduct in the fifth
609.378 , neglect or endangerment of a child;
609.52 , theft;
609.521 , possession of
5.19 shoplifting gear;
609.563 , arson in the first, second, or third degree;
5.20 burglary in the first, second, third, or fourth degree;
609.625 , aggravated forgery;
609.631 , check forgery, offering a forged check;
609.635 , obtaining signature
5.22 by false pretenses;
609.66 , dangerous weapon;
609.665 , setting a spring gun;
5.23 unlawfully owning, possessing, or operating a machine gun;
609.687 , adulteration;
609.713 , terrorist threats;
609.749 , stalking;
260C.301 , termination of parental rights;
5.25 152.021 to
152.0262 , controlled substance crime in the first or second degree;
5.26 152.023, subdivision 1 , clause (3) or (4), or
152.023, subdivision 2 , clause (4), controlled
5.27 substance crime in third degree;
152.024, subdivision 1 , clause (2), (3), or (4), controlled
5.28 substance crime in fourth degree;
617.23 , repeat offenses of indecent exposure; an attempt
5.29 or conspiracy to commit any of these offenses as defined in Minnesota Statutes; or an
5.30 offense in any other state or country where the elements are substantially similar to any of
5.31 the offenses listed in this paragraph.
5.32 (d) Less than ten years have passed since the discharge of the sentence imposed for
5.33 the offense and the person has received a gross misdemeanor conviction for one of the
5.34 following offenses or the person has admitted to committing or a preponderance of the
5.35 evidence indicates that the person has committed an act that meets the definition of a gross
5.36 misdemeanor conviction for one of the following offenses: sections
609.224 , fifth-degree
609.2243 , domestic assault;
518B.01, subdivision 14 , violation of
6.2 an order for protection;
609.3451 , fifth-degree criminal sexual conduct;
609.746 , repeat
6.3 offenses of interference with privacy;
617.23 , repeat offenses of indecent exposure;
6.4 617.241 , obscene materials and performances;
617.243 , indecent literature, distribution;
6.5 617.293 , disseminating or displaying harmful material to minors;
609.71 , riot;
6.6 dangerous weapons;
609.749 , stalking;
609.224, subdivision 2 , paragraph (c), fifth-degree
6.7 assault against a vulnerable adult by a caregiver;
609.23 , mistreatment of persons
609.231 , mistreatment of residents or patients;
609.2325 , criminal abuse of a
6.9 vulnerable adult;
609.2335 , financial exploitation of a vulnerable adult;
609.233 , criminal
6.10 neglect of a vulnerable adult;
609.234 , failure to report maltreatment of a vulnerable adult;
6.11 609.72, subdivision 3 , disorderly conduct against a vulnerable adult;
609.265 , abduction;
6.12 609.378 , neglect or endangerment of a child;
609.377 , malicious punishment of a child;
6.13 609.324, subdivision 1a , other prohibited acts, minor engaged in prostitution;
6.14 disorderly house;
609.52 , theft;
609.582 , burglary in the first, second, third, or fourth
609.631 , check forgery, offering a forged check;
609.275 , attempt to coerce; an
6.16 attempt or conspiracy to commit any of these offenses as defined in Minnesota Statutes; or
6.17 an offense in any other state or country where the elements are substantially similar to
6.18 any of the offenses listed in this paragraph.
6.19 (e) Less than seven years have passed since the discharge of the sentence imposed
6.20 for the offense and the person has received a misdemeanor conviction for one of the
6.21 following offenses or the person has admitted to committing or a preponderance of the
6.22 evidence indicates that the person has committed an act that meets the definition of a
6.23 misdemeanor conviction for one of the following offenses: sections
609.224 , fifth-degree
609.2242 , domestic assault;
518B.01 , violation of an order for protection;
6.25 609.3232 , violation of an order for protection;
609.746 , interference with privacy;
6.26 obscene or harassing telephone calls;
609.795 , letter, telegram, or package opening,
617.23 , indecent exposure;
609.2672 , assault of an unborn child, third degree;
6.28 617.293 , dissemination and display of harmful materials to minors;
609.66 , dangerous
609.665 , spring guns; an attempt or conspiracy to commit any of these offenses
6.30 as defined in Minnesota Statutes; or an offense in any other state or country where the
6.31 elements are substantially similar to any of the offenses listed in this paragraph.
6.32 (f) The person has been identified by the child protection agency in the county where
6.33 the provider resides or a county where the provider has resided or by the statewide child
6.34 protection database as a person found by a preponderance of evidence under section
6.35 626.556 to be responsible for physical or sexual abuse of a child within the last seven years.
7.1 (g) The person has been identified by the adult protection agency in the county
7.2 where the provider resides or a county where the provider has resided or by the statewide
7.3 adult protection database as the person responsible for abuse or neglect of a vulnerable
7.4 adult within the last seven years.
7.5 (h) (b)
The person has refused to give written consent for disclosure of criminal
The person has been denied a family child care license or has received a fine
or a sanction as a licensed child care provider that has not been reversed on appeal.
The person has a family child care licensing disqualification that has not
been set aside.
The person has admitted or a county has found that there is a preponderance
of evidence that fraudulent information was given to the county for child care assistance
application purposes or was used in submitting child care assistance bills for payment.
(l) The person has been convicted of the crime of theft by wrongfully obtaining
7.15 public assistance or has been found guilty of wrongfully obtaining public assistance by a
7.16 federal court, state court, or an administrative hearing determination or waiver, through a
7.17 disqualification consent agreement, as part of an approved diversion plan under section
7.18 401.065 , or a court-ordered stay with probationary or other conditions.
7.19 (m) The person has a household member age 13 or older who has access to children
7.20 during the hours that care is provided and who meets one of the conditions listed in
7.21 paragraphs (b) to (l).
7.22 (n) The person has a household member ages ten to 12 who has access to children
7.23 during the hours that care is provided; information or circumstances exist which provide
7.24 the county with articulable suspicion that further pertinent information may exist showing
7.25 the household member meets one of the conditions listed in paragraphs (b) to (l); and the
7.26 household member actually meets one of the conditions listed in paragraphs (b) to (l).
Sec. 6. Minnesota Statutes 2010, section 119B.125, subdivision 6, is amended to read:
Subd. 6. Record-keeping requirement.
All providers receiving child care
must keep daily attendance records for children receiving child care
assistance and must make those records available immediately to the county upon request.
7.31The attendance records must be completed daily and include the date, the first and last
7.32name of each child in attendance, and the times when each child is dropped off and picked
7.33up. To the extent possible, the times that the child was dropped off to and picked up from
7.34the child care provider must be entered by the person dropping off or picking up the child.
The daily attendance records must be retained for six years after the date of service.
A county may deny authorization as a child care provider to any applicant or rescind
authorization of any provider when the county knows or has reason to believe that the
provider has not complied with the record-keeping requirement in this subdivision.
Sec. 7. Minnesota Statutes 2011 Supplement, section 119B.13, subdivision 1, is
amended to read:
Subdivision 1. Subsidy restrictions.
(a) Beginning October 31, 2011, the maximum
rate paid for child care assistance in any county or multicounty region under the child care
fund shall be the rate for like-care arrangements in the county effective July 1, 2006,
decreased by 2.5 percent.
Every year Biennially beginning in 2012
, the commissioner shall survey rates
charged by child care providers in Minnesota to determine the 75th percentile for
like-care arrangements in counties. When the commissioner determines that, using the
commissioner's established protocol, the number of providers responding to the survey is
too small to determine the 75th percentile rate for like-care arrangements in a county or
multicounty region, the commissioner may establish the 75th percentile maximum rate
based on like-care arrangements in a county, region, or category that the commissioner
deems to be similar.
(c) A rate which includes a special needs rate paid under subdivision 3 or under a
school readiness service agreement paid under section 119B.231, may be in excess of the
maximum rate allowed under this subdivision.
(d) The department shall monitor the effect of this paragraph on provider rates. The
county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care
on an hourly, full-day, and weekly basis, including special needs and disability care. The
maximum payment to a provider for one day of care must not exceed the daily rate. The
maximum payment to a provider for one week of care must not exceed the weekly rate.
(e) Child care providers receiving reimbursement under this chapter must not be
paid activity fees or an additional amount above the maximum rates for care provided
during nonstandard hours for families receiving assistance.
(f) When the provider charge is greater than the maximum provider rate allowed,
the parent is responsible for payment of the difference in the rates in addition to any
family co-payment fee.
(g) All maximum provider rates changes shall be implemented on the Monday
following the effective date of the maximum provider rate.
Sec. 8. Minnesota Statutes 2010, section 119B.13, subdivision 6, is amended to read:
Subd. 6. Provider payments.
(a) The provider shall bill for services provided
within ten days of the end of the service period. If bills are submitted within ten days of
the end of the service period, payments under the child care fund shall be made within 30
days of receiving a bill from the provider. Counties or the state may establish policies that
make payments on a more frequent basis.
(b) If a provider has received an authorization of care and been issued a billing form
for an eligible family, the bill must be submitted within 60 days of the last date of service
on the bill. A bill submitted more than 60 days after the last date of service must be
paid if the county determines that the provider has shown good cause why the bill was
not submitted within 60 days. Good cause must be defined in the county's child care
fund plan under section
119B.08, subdivision 3
, and the definition of good cause must
include county error. Any bill submitted more than a year after the last date of service on
the bill must not be paid.
(c) If a provider provided care for a time period without receiving an authorization
of care and a billing form for an eligible family, payment of child care assistance may only
be made retroactively for a maximum of six months from the date the provider is issued
an authorization of care and billing form.
(d) A county may refuse to issue a child care authorization to a licensed or legal
9.20nonlicensed provider, revoke an existing child care authorization to a licensed or legal
stop payment issued to a licensed or legal nonlicensed
refuse to pay a bill submitted by a licensed or legal nonlicensed
(1) the provider admits to intentionally giving the county materially false information
on the provider's billing forms;
(2) a county finds by a preponderance of the evidence that the provider intentionally
gave the county materially false information on the provider's billing forms
9.27(3) the provider is in violation of licensing or child care assistance program rules and
9.28the provider has not corrected the violation;
9.29(4) the provider submits false attendance reports or refuses to provide documentation
9.30of the child's attendance upon request; or
9.31(5) the provider gives false child care price information.
(e) A county's payment policies must be included in the county's child care plan
119B.08, subdivision 3
. If payments are made by the state, in addition to
being in compliance with this subdivision, the payments must be made in compliance
Sec. 9. CHILD CARE ASSISTANCE PROGRAM RULE CHANGE.
10.2The commissioner shall amend Minnesota Rules, part 3400.0035, subpart 2, to
10.3remove the requirement that applications must be submitted by mail or delivered to the
10.4agency within 15 calendar days after the date of signature. The commissioner shall
10.5comply with Minnesota Statutes, section 14.389, in adopting the amendment.
10.7SIMPLIFICATION OF MFIP AND DWP
Section 1. Minnesota Statutes 2010, section 256J.08, subdivision 11, is amended to
Subd. 11. Caregiver.
"Caregiver" means a minor child's
parent or parents and stepparent who live in the home with the minor child. For purposes
of determining eligibility for this program, caregiver also means any of the following
individuals, if adults, who live with and provide care and support to a minor child when
the minor child's
or adoptive parent or parents or stepparents do not reside
in the same home: legal custodian or guardian, grandfather, grandmother, brother, sister,
half brother, half sister, stepbrother, stepsister, uncle, aunt, first cousin or first cousin once
removed, nephew, niece, person of preceding generation as denoted by prefixes of "great,"
"great-great," or "great-great-great," or a spouse of any person named in the above groups
even after the marriage ends by death or divorce.
Sec. 2. Minnesota Statutes 2010, section 256J.24, subdivision 2, is amended to read:
Subd. 2. Mandatory assistance unit composition.
Except for minor caregivers
and their children who must be in a separate assistance unit from the other persons in
the household, when the following individuals live together, they must be included in
the assistance unit:
(1) a minor child, including a pregnant minor;
(2) the minor child's minor siblings, minor half siblings, and minor stepsiblings;
(3) the minor child's
parents, adoptive parents, and stepparents; and
(4) the spouse of a pregnant woman.
A minor child must have a caregiver for the child to be included in the assistance unit.
Sec. 3. Minnesota Statutes 2010, section 256J.32, subdivision 6, is amended to read:
Subd. 6. Recertification. (a)
The county agency shall recertify eligibility in an
annual face-to-face interview with the participant
and. The county agency may waive the
11.1face-to-face interview and conduct a phone interview for participants who qualify under
11.2paragraph (b). During the interview the county agency shall
verify the following:
(1) presence of the minor child in the home, if questionable;
(2) income, unless excluded, including self-employment expenses used as a
deduction or deposits or withdrawals from business accounts;
(3) assets when the value is within $200 of the asset limit;
(4) information to establish an exception under section
256J.24, subdivision 9
(5) inconsistent information, if related to eligibility; and
(6) whether a single caregiver household meets requirements in section
11.12(b) A participant who is employed any number of hours must be given the option of
11.13conducting a face-to-face or phone interview to recertify eligibility. The participant must
11.14be employed at the time the interview is scheduled. If the participant loses the participant's
11.15job between the time the interview is scheduled and when it is to be conducted, the phone
11.16interview may still be conducted.
11.17EFFECTIVE DATE.This section is effective October 1, 2012.
Sec. 4. Minnesota Statutes 2010, section 256J.621, is amended to read:
11.19256J.621 WORK PARTICIPATION CASH BENEFITS.
(a) Effective October 1, 2009, upon exiting the diversionary work program (DWP)
or upon terminating the Minnesota family investment program with earnings, a participant
who is employed may be eligible for work participation cash benefits of $25 per month
to assist in meeting the family's basic needs as the participant continues to move toward
(b) To be eligible for work participation cash benefits, the participant shall not
receive MFIP or diversionary work program assistance during the month and the
participant or participants must meet the following work requirements:
(1) if the participant is a single caregiver and has a child under six years of age, the
participant must be employed at least 87 hours per month;
(2) if the participant is a single caregiver and does not have a child under six years of
age, the participant must be employed at least 130 hours per month; or
(3) if the household is a two-parent family, at least one of the parents must be
an average of at least
130 hours per month.
Whenever a participant exits the diversionary work program or is terminated from
MFIP and meets the other criteria in this section, work participation cash benefits are
available for up to 24 consecutive months.
(c) Expenditures on the program are maintenance of effort state funds under
a separate state program for participants under paragraph (b), clauses (1) and (2).
Expenditures for participants under paragraph (b), clause (3), are nonmaintenance of effort
funds. Months in which a participant receives work participation cash benefits under this
section do not count toward the participant's MFIP 60-month time limit.
Sec. 5. Minnesota Statutes 2010, section 256J.68, subdivision 7, is amended to read:
Subd. 7. Exclusive procedure.
The procedure established by this section is
exclusive of all other legal, equitable, and statutory remedies against the state, its political
subdivisions, or employees of the state or its political subdivisions. The claimant shall
not be entitled to seek damages from any state, county, tribal, or reservation insurance
policy or self-insurance program. A provider who accepts or agrees to accept an injury
12.15protection program payment for services provided to an individual must not require any
12.16payment from the individual.
Sec. 6. Minnesota Statutes 2010, section 256J.95, subdivision 3, is amended to read:
Subd. 3. Eligibility for diversionary work program.
(a) Except for the categories
of family units listed
below in clauses (1) to (8)
, all family units who apply for cash
benefits and who meet MFIP eligibility as required in sections
eligible and must participate in the diversionary work program. Family units or individuals
that are not eligible for the diversionary work program include:
(1) child only cases;
a child under 12 months of
age. A parent is eligible for this exception once in a parent's lifetime;
(3) family units with
a minor parent without a high school diploma or its equivalent;
(4) family units with
an 18- or 19-year-old caregiver without a high school diploma
or its equivalent who chooses to have an employment plan with an education option;
(5) a caregiver age 60 or over;
12.30 (6) (5)
family units with a caregiver who received DWP benefits
months prior to the month the family applied for DWP, except as provided in paragraph (c);
family units with a caregiver who received MFIP within the 12 months prior
to the month the family
applied for DWP;
(8) a (7)
with a caregiver who received 60 or more months of
TANF assistance; and
(9) (8) family units with
a caregiver who is disqualified from the work participation
cash benefit program, DWP, or MFIP due to fraud
13.5 (10) refugees and asylees as defined in Code of Federal Regulations, title 45, part
13.6 400, subpart d, section
400.43 , who arrived in the United States in the 12 months prior to
13.7 the date of application for family cash assistance.
(b) A two-parent family must participate in DWP unless both caregivers meet the
criteria for an exception under paragraph (a), clauses (1) through (5), or the family unit
includes a parent who meets the criteria in paragraph (a), clause (6), (7), (8), (9), or (10).
(c) Once DWP eligibility is determined, the four months run consecutively. If a
participant leaves the program for any reason and reapplies during the four-month period,
the county must redetermine eligibility for DWP."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly