Minnesota Statutes 256J.45 – Orientation
Subdivision 1.County agency to provide orientation.
A county agency must provide an orientation to each MFIP caregiver unless the caregiver is:
Terms Used In Minnesota Statutes 256J.45
- Adult: means an individual 18 years of age or older. See Minnesota Statutes 645.451
- Agency: has the meaning given in section 256P. See Minnesota Statutes 256J.08
- Caregiver: means a minor child's birth or adoptive parent or parents and stepparent who live in the home with the minor child. See Minnesota Statutes 256J.08
- County agency: means the agency designated by the county board to implement financial assistance for current programs and for MFIP and the agency responsible for enforcement of child support collection, and a county or multicounty agency that is authorized under sections 393. See Minnesota Statutes 256J.08
- Earned income: has the meaning given in section 256P. See Minnesota Statutes 256J.08
- Family: includes :
(1) the following individuals who live together: a minor child or a group of minor children related to each other as siblings, half siblings, stepsiblings, or adoptive siblings, together with their natural, adoptive parents, stepparents, or caregiver as defined in subdivision 11; and
(2) a pregnant woman with no other children. See Minnesota Statutes 256J.08
- Family violence: means the following, if committed against a family or household member by a family or household member:
(1) physical harm, bodily injury, or assault;
(2) the infliction of fear of imminent physical harm, bodily injury, or assault; or
(3) terroristic threats, within the meaning of section 609. See Minnesota Statutes 256J.08
- Home: means the primary place of residence used by a person as the base for day-to-day living and does not include locations used as mail drops. See Minnesota Statutes 256J.08
- Household: means a group of persons who live together. See Minnesota Statutes 256J.08
- Income: means cash or in-kind benefit, whether earned or unearned, received by or available to an applicant or participant that is not property under section 256P. See Minnesota Statutes 256J.08
- Medical assistance: means the program established under chapter 256B and Title XIX of the Social Security Act. See Minnesota Statutes 256J.08
- MFIP: means the assistance program authorized in this chapter. See Minnesota Statutes 256J.08
- Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
- Month: means a calendar month and "year" means a calendar year, unless otherwise expressed; and "year" is equivalent to the expression "year of our Lord. See Minnesota Statutes 645.44
- Parent: means a child's biological or adoptive parent who is legally obligated to support that child. See Minnesota Statutes 256J.08
- Participant: includes any of the following:
(1) a person who is currently receiving cash assistance or the food portion available through MFIP;
(2) a person who withdraws a cash or food assistance payment by electronic transfer or receives and cashes an MFIP assistance check or food coupons and is subsequently determined to be ineligible for assistance for that period of time is a participant, regardless whether that assistance is repaid;
(3) the caregiver relative and the minor child whose needs are included in the assistance payment;
(4) a person in an assistance unit who does not receive a cash and food assistance payment because the case has been suspended from MFIP; and
(5) a person who receives cash payments under family stabilization services under section 256J. See Minnesota Statutes 256J.08
- Sanction: means the reduction of a family's assistance payment by a specified percentage of the MFIP standard of need because: a nonexempt participant fails to comply with the requirements of sections 256J. See Minnesota Statutes 256J.08
- Tax: means any fee, charge, exaction, or assessment imposed by a governmental entity on an individual, person, entity, transaction, good, service, or other thing. See Minnesota Statutes 645.44
(1) a single parent, or one parent in a two-parent family, employed at least 35 hours per week; or
(2) a second parent in a two-parent family who is employed for 20 or more hours per week provided the first parent is employed at least 35 hours per week.
The county agency must inform caregivers who are not exempt under clause (1) or (2) that failure to attend the orientation is considered an occurrence of noncompliance with program requirements, and will result in the imposition of a sanction under section 256J.46. If the client complies with the orientation requirement prior to the first day of the month in which the grant reduction is proposed to occur, the orientation sanction shall be lifted.
Subd. 1a.Pregnant and parenting minors.
Pregnant and parenting minors who are complying with the provisions of section 256J.54 are exempt from the requirement under subdivision 1, however, the county agency must provide information to the minor as required under section 256J.14.
Subd. 2.General information.
The MFIP orientation must consist of a presentation that informs caregivers of:
(1) the necessity to obtain immediate employment;
(2) the work incentives under MFIP, including the availability of the federal earned income tax credit and the Minnesota working family tax credit;
(3) the requirement to comply with the employment plan and other requirements of the employment and training services component of MFIP, including a description of the range of work and training activities that are allowable under MFIP to meet the individual needs of participants;
(4) the consequences for failing to comply with the employment plan and other program requirements, and that the county agency may not impose a sanction when failure to comply is due to the unavailability of child care or other circumstances where the participant has good cause under subdivision 3;
(5) the rights, responsibilities, and obligations of participants;
(6) the types and locations of child care services available through the county agency;
(7) the availability and the benefits of the early childhood health and developmental screening under sections 121A.16 to 121A.19; 123B.02, subdivision 16; and 123B.10;
(8) the caregiver’s eligibility for transition year child care assistance under section 119B.05;
(9) the availability of all health care programs, including transitional medical assistance;
(10) the caregiver’s option to choose an employment and training provider and information about each provider, including but not limited to, services offered, program components, job placement rates, job placement wages, and job retention rates;
(11) the caregiver’s option to request approval of an education and training plan according to section 256J.53;
(12) the work study programs available under the higher education system;
(13) information about the 60-month time limit exemptions under the family violence waiver and referral information about shelters and programs for victims of family violence; and
(14) information about the income exclusions under section 256P.06, subdivision 2.
Subd. 3.Good cause exemptions for not attending orientation.
(a) The county agency shall not impose the sanction under section 256J.46 if it determines that the participant has good cause for failing to attend orientation. Good cause exists when:
(1) appropriate child care is not available;
(2) the participant is ill or injured;
(3) a family member is ill and needs care by the participant that prevents the participant from attending orientation. For a caregiver with a child or adult in the household who meets the disability or medical criteria for home care services under section 256B.0659, or a home and community-based waiver services program under chapter 256B, or meets the criteria for severe emotional disturbance under section 245.4871, subdivision 6, or for serious and persistent mental illness under section 245.462, subdivision 20, paragraph (c), good cause also exists when an interruption in the provision of those services occurs which prevents the participant from attending orientation;
(4) the caregiver is unable to secure necessary transportation;
(5) the caregiver is in an emergency situation that prevents orientation attendance;
(6) the orientation conflicts with the caregiver’s work, training, or school schedule; or
(7) the caregiver documents other verifiable impediments to orientation attendance beyond the caregiver’s control.
(b) Counties must work with clients to provide child care and transportation necessary to ensure a caregiver has every opportunity to attend orientation.