1.1.................... moves to amend H.F. No. 2402, the first engrossment, as follows:1.2Page 193, after line 29, insert:


1.6    Section 1. Minnesota Statutes 2012, section 13.46, subdivision 2, is amended to read:
1.7    Subd. 2. General. (a) Data on individuals collected, maintained, used, or
1.8disseminated by the welfare system are private data on individuals, and shall not be
1.9disclosed except:
1.10    (1) according to section 13.05;
1.11    (2) according to court order;
1.12    (3) according to a statute specifically authorizing access to the private data;
1.13    (4) to an agent of the welfare system and an investigator acting on behalf of a county,
1.14the state, or the federal government, including a law enforcement person or attorney in the
1.15investigation or prosecution of a criminal, civil, or administrative proceeding relating to
1.16the administration of a program;
1.17    (5) to personnel of the welfare system who require the data to verify an individual's
1.18identity; determine eligibility, amount of assistance, and the need to provide services to
1.19an individual or family across programs; evaluate the effectiveness of programs; assess
1.20parental contribution amounts; and investigate suspected fraud;
1.21    (6) to administer federal funds or programs;
1.22    (7) between personnel of the welfare system working in the same program;
1.23    (8) to the Department of Revenue to assess parental contribution amounts for
1.24purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit
1.25programs and to identify individuals who may benefit from these programs. The following
1.26information may be disclosed under this paragraph: an individual's and their dependent's
2.1names, dates of birth, Social Security numbers, income, addresses, and other data as
2.2required, upon request by the Department of Revenue. Disclosures by the commissioner
2.3of revenue to the commissioner of human services for the purposes described in this clause
2.4are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include,
2.5but are not limited to, the dependent care credit under section 290.067, the Minnesota
2.6working family credit under section 290.0671, the property tax refund and rental credit
2.7under section 290A.04, and the Minnesota education credit under section 290.0674;
2.8    (9) between the Department of Human Services, the Department of Employment
2.9and Economic Development, and when applicable, the Department of Education, for
2.10the following purposes:
2.11    (i) to monitor the eligibility of the data subject for unemployment benefits, for any
2.12employment or training program administered, supervised, or certified by that agency;
2.13    (ii) to administer any rehabilitation program or child care assistance program,
2.14whether alone or in conjunction with the welfare system;
2.15    (iii) to monitor and evaluate the Minnesota family investment program or the child
2.16care assistance program by exchanging data on recipients and former recipients of food
2.17support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
2.18under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and
2.19    (iv) to analyze public assistance employment services and program utilization,
2.20cost, effectiveness, and outcomes as implemented under the authority established in Title
2.21II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of
2.221999. Health records governed by sections 144.291 to 144.298 and "protected health
2.23information" as defined in Code of Federal Regulations, title 45, section 160.103, and
2.24governed by Code of Federal Regulations, title 45, parts 160-164, including health care
2.25claims utilization information, must not be exchanged under this clause;
2.26    (10) to appropriate parties in connection with an emergency if knowledge of
2.27the information is necessary to protect the health or safety of the individual or other
2.28individuals or persons;
2.29    (11) data maintained by residential programs as defined in section 245A.02 may
2.30be disclosed to the protection and advocacy system established in this state according
2.31to Part C of Public Law 98-527 to protect the legal and human rights of persons with
2.32developmental disabilities or other related conditions who live in residential facilities for
2.33these persons if the protection and advocacy system receives a complaint by or on behalf
2.34of that person and the person does not have a legal guardian or the state or a designee of
2.35the state is the legal guardian of the person;
3.1    (12) to the county medical examiner or the county coroner for identifying or locating
3.2relatives or friends of a deceased person;
3.3    (13) data on a child support obligor who makes payments to the public agency
3.4may be disclosed to the Minnesota Office of Higher Education to the extent necessary to
3.5determine eligibility under section 136A.121, subdivision 2, clause (5);
3.6    (14) participant Social Security numbers and names collected by the telephone
3.7assistance program may be disclosed to the Department of Revenue to conduct an
3.8electronic data match with the property tax refund database to determine eligibility under
3.9section 237.70, subdivision 4a;
3.10    (15) the current address of a Minnesota family investment program participant
3.11may be disclosed to law enforcement officers who provide the name of the participant
3.12and notify the agency that:
3.13    (i) the participant:
3.14    (A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
3.15conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
3.16jurisdiction from which the individual is fleeing; or
3.17    (B) is violating a condition of probation or parole imposed under state or federal law;
3.18    (ii) the location or apprehension of the felon is within the law enforcement officer's
3.19official duties; and
3.20    (iii) the request is made in writing and in the proper exercise of those duties;
3.21    (16) the current address of a recipient of general assistance or general assistance
3.22medical care may be disclosed to probation officers and corrections agents who are
3.23supervising the recipient and to law enforcement officers who are investigating the
3.24recipient in connection with a felony level offense;
3.25    (17) information obtained from food support applicant or recipient households may
3.26be disclosed to local, state, or federal law enforcement officials, upon their written request,
3.27for the purpose of investigating an alleged violation of the Food Stamp Act, according
3.28to Code of Federal Regulations, title 7, section 272.1 (c);
3.29    (18) the address, Social Security number, and, if available, photograph of any
3.30member of a household receiving food support shall be made available, on request, to a
3.31local, state, or federal law enforcement officer if the officer furnishes the agency with the
3.32name of the member and notifies the agency that:
3.33    (i) the member:
3.34    (A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
3.35crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
4.1    (B) is violating a condition of probation or parole imposed under state or federal
4.2law; or
4.3    (C) has information that is necessary for the officer to conduct an official duty related
4.4to conduct described in subitem (A) or (B);
4.5    (ii) locating or apprehending the member is within the officer's official duties; and
4.6    (iii) the request is made in writing and in the proper exercise of the officer's official
4.7duty;
4.8    (19) the current address of a recipient of Minnesota family investment program,
4.9general assistance, general assistance medical care, or food support may be disclosed to
4.10law enforcement officers who, in writing, provide the name of the recipient and notify the
4.11agency that the recipient is a person required to register under section 243.166, but is not
4.12residing at the address at which the recipient is registered under section 243.166;
4.13    (20) certain information regarding child support obligors who are in arrears may be
4.14made public according to section 518A.74;
4.15    (21) data on child support payments made by a child support obligor and data on
4.16the distribution of those payments excluding identifying information on obligees may be
4.17disclosed to all obligees to whom the obligor owes support, and data on the enforcement
4.18actions undertaken by the public authority, the status of those actions, and data on the
4.19income of the obligor or obligee may be disclosed to the other party;
4.20    (22) data in the work reporting system may be disclosed under section 256.998,
4.21subdivision 7 ;
4.22    (23) to the Department of Education for the purpose of matching Department of
4.23Education student data with public assistance data to determine students eligible for free
4.24and reduced-price meals, meal supplements, and free milk according to United States
4.25Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and
4.26state funds that are distributed based on income of the student's family; and to verify
4.27receipt of energy assistance for the telephone assistance plan;
4.28    (24) the current address and telephone number of program recipients and emergency
4.29contacts may be released to the commissioner of health or a local board of health as
4.30defined in section 145A.02, subdivision 2, when the commissioner or local board of health
4.31has reason to believe that a program recipient is a disease case, carrier, suspect case, or at
4.32risk of illness, and the data are necessary to locate the person;
4.33    (25) to other state agencies, statewide systems, and political subdivisions of this
4.34state, including the attorney general, and agencies of other states, interstate information
4.35networks, federal agencies, and other entities as required by federal regulation or law for
4.36the administration of the child support enforcement program;
5.1    (26) to personnel of public assistance programs as defined in section 256.741, for
5.2access to the child support system database for the purpose of administration, including
5.3monitoring and evaluation of those public assistance programs;
5.4    (27) to monitor and evaluate the Minnesota family investment program by
5.5exchanging data between the Departments of Human Services and Education, on
5.6recipients and former recipients of food support, cash assistance under chapter 256, 256D,
5.7256J, or 256K, child care assistance under chapter 119B, or medical programs under
5.8chapter 256B, 256D, or 256L;
5.9    (28) to evaluate child support program performance and to identify and prevent
5.10fraud in the child support program by exchanging data between the Department of Human
5.11Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a)
5.12and (b), without regard to the limitation of use in paragraph (c), Department of Health,
5.13Department of Employment and Economic Development, and other state agencies as is
5.14reasonably necessary to perform these functions;
5.15    (29) counties operating child care assistance programs under chapter 119B may
5.16disseminate data on program participants, applicants, and providers to the commissioner
5.17of education; or
5.18(30) child support data on the parents and the child, the parents, and their family
5.19members may be disclosed to agencies administering programs under titles IV-B and
5.20IV-E of the Social Security Act, as provided authorized by federal law. Data may be
5.21disclosed only to the extent necessary for the purpose of establishing parentage or for
5.22determining who has or may have parental rights with respect to a child, which could be
5.23related to permanency planning.
5.24    (b) Information on persons who have been treated for drug or alcohol abuse may
5.25only be disclosed according to the requirements of Code of Federal Regulations, title
5.2642, sections 2.1 to 2.67.
5.27    (c) Data provided to law enforcement agencies under paragraph (a), clause (15),
5.28(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected
5.29nonpublic while the investigation is active. The data are private after the investigation
5.30becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).
5.31    (d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
5.32not subject to the access provisions of subdivision 10, paragraph (b).
5.33    For the purposes of this subdivision, a request will be deemed to be made in writing
5.34if made through a computer interface system.

5.35    Sec. 2. Minnesota Statutes 2012, section 119B.02, subdivision 2, is amended to read:
6.1    Subd. 2. Contractual agreements with tribes. The commissioner may enter into
6.2contractual agreements with a federally recognized Indian tribe with a reservation in
6.3Minnesota to carry out the responsibilities of county human service agencies to the
6.4extent necessary for the tribe to operate child care assistance programs under sections
6.5119B.03 and 119B.05. An agreement may allow for the tribe to be reimbursed the state
6.6to make payments for child care assistance services provided under section 119B.05.
6.7The commissioner shall consult with the affected county or counties in the contractual
6.8agreement negotiations, if the county or counties wish to be included, in order to avoid
6.9the duplication of county and tribal child care services. Funding to support services
6.10under section 119B.03 may be transferred to the federally recognized Indian tribe with a
6.11reservation in Minnesota from allocations available to counties in which reservation
6.12boundaries lie. When funding is transferred under section 119B.03, the amount shall be
6.13commensurate to estimates of the proportion of reservation residents with characteristics
6.14identified in section 119B.03, subdivision 6, to the total population of county residents
6.15with those same characteristics.

6.16    Sec. 3. Minnesota Statutes 2012, section 119B.09, subdivision 6, is amended to read:
6.17    Subd. 6. Maximum child care assistance. The maximum amount of child care
6.18assistance a local agency may authorize pay for in a two-week period is 120 hours per child.

6.19    Sec. 4. Minnesota Statutes 2012, section 119B.09, subdivision 13, is amended to read:
6.20    Subd. 13. Child care in the child's home. (a) Child care assistance must only be
6.21authorized in the child's home if:
6.22(1) the child's parents have authorized activities outside of the home and if; or
6.23(2) one parent in a two-parent family is in an authorized activity outside of the home
6.24and one parent is unable to care for the child and meets the requirements in Minnesota
6.25Rules, part 3400.0040, subpart 5.
6.26(b) In order for child care assistance to be authorized under paragraph (a), clause (1)
6.27or (2), one or more of the following circumstances are must be met:
6.28(1) the parents' qualifying authorized activity occurs during times when out-of-home
6.29care is not available or when out-of-home care would result in disruption of the child's
6.30nighttime sleep schedule. If child care is needed during any period when out-of-home care
6.31is not available, in-home care can be approved for the entire time care is needed;
6.32(2) the family lives in an area where out-of-home care is not available; or
7.1(3) a child has a verified illness or disability that would place the child or other
7.2children in an out-of-home facility at risk or creates a hardship for the child and the family
7.3to take the child out of the home to a child care home or center.
7.4EFFECTIVE DATE.This section is effective the day following final enactment.

7.5    Sec. 5. Minnesota Statutes 2012, section 256E.30, is amended by adding a subdivision
7.6to read:
7.7    Subd. 5. Merger. In the case of a merger between community action agencies, the
7.8newly created agency receives a base funding amount equal to the sum of the merged
7.9agencies' base funding amounts at the point of the merger as described in subdivision 2,
7.10paragraph (b).

7.11    Sec. 6. Minnesota Statutes 2012, section 256J.09, subdivision 3, is amended to read:
7.12    Subd. 3. Submitting application form. (a) A county agency must offer, in person
7.13or by mail, the application forms prescribed by the commissioner as soon as a person
7.14makes a written or oral inquiry. At that time, the county agency must:
7.15(1) inform the person that assistance begins with the date the signed application is
7.16received by the county agency or the date all eligibility criteria are met, whichever is later;
7.17(2) inform the person that any delay in submitting the application will reduce the
7.18amount of assistance paid for the month of application;
7.19(3) inform a person that the person may submit the application before an interview;
7.20(4) explain the information that will be verified during the application process by the
7.21county agency as provided in section 256J.32;
7.22(5) inform a person about the county agency's average application processing time
7.23and explain how the application will be processed under subdivision 5;
7.24(6) explain how to contact the county agency if a person's application information
7.25changes and how to withdraw the application;
7.26(7) inform a person that the next step in the application process is an interview
7.27and what a person must do if the application is approved including, but not limited to,
7.28attending orientation under section 256J.45 and complying with employment and training
7.29services requirements in sections 256J.515 to 256J.57;
7.30(8) inform the person that the interview must be conducted face-to-face in the county
7.31office, through Internet telepresence, or at a location mutually agreed upon;
7.32(9) inform a person who has received MFIP or DWP in the past 12 months of the
7.33option to have a face-to-face, Internet telepresence, or telephone interview;
8.1(8) (10) explain the child care and transportation services that are available under
8.2paragraph (c) to enable caregivers to attend the interview, screening, and orientation; and
8.3(9) (11) identify any language barriers and arrange for translation assistance during
8.4appointments, including, but not limited to, screening under subdivision 3a, orientation
8.5under section 256J.45, and assessment under section 256J.521.
8.6(b) Upon receipt of a signed application, the county agency must stamp the date of
8.7receipt on the face of the application. The county agency must process the application
8.8within the time period required under subdivision 5. An applicant may withdraw the
8.9application at any time by giving written or oral notice to the county agency. The county
8.10agency must issue a written notice confirming the withdrawal. The notice must inform
8.11the applicant of the county agency's understanding that the applicant has withdrawn the
8.12application and no longer wants to pursue it. When, within ten days of the date of the
8.13agency's notice, an applicant informs a county agency, in writing, that the applicant does
8.14not wish to withdraw the application, the county agency must reinstate the application and
8.15finish processing the application.
8.16(c) Upon a participant's request, the county agency must arrange for transportation
8.17and child care or reimburse the participant for transportation and child care expenses
8.18necessary to enable participants to attend the screening under subdivision 3a and
8.19orientation under section 256J.45.

8.20    Sec. 7. Minnesota Statutes 2012, section 256J.20, subdivision 3, is amended to read:
8.21    Subd. 3. Other property limitations. To be eligible for MFIP, the equity value of
8.22all nonexcluded real and personal property of the assistance unit must not exceed $2,000
8.23for applicants and $5,000 for ongoing participants. The value of assets in clauses (1) to
8.24(19) must be excluded when determining the equity value of real and personal property:
8.25    (1) a licensed vehicle up to a loan trade-in value of less than or equal to $10,000.
8.26If the assistance unit owns more than one licensed vehicle, the county agency shall
8.27determine the loan trade-in value of all additional vehicles and exclude the combined
8.28loan trade-in value of less than or equal to $7,500. The county agency shall apply any
8.29excess loan trade-in value as if it were equity value to the asset limit described in this
8.30section, excluding: (i) the value of one vehicle per physically disabled person when the
8.31vehicle is needed to transport the disabled unit member; this exclusion does not apply to
8.32mentally disabled people; (ii) the value of special equipment for a disabled member of
8.33the assistance unit; and (iii) any vehicle used for long-distance travel, other than daily
8.34commuting, for the employment of a unit member.
9.1    To establish the loan trade-in value of vehicles, a county agency must use the
9.2N.A.D.A. Official Used Car Guide, Midwest Edition, for newer model cars online car
9.3values and car prices guide. When a vehicle is not listed in the guidebook, or when the
9.4applicant or participant disputes the loan trade-in value listed in the guidebook online
9.5guide as unreasonable given the condition of the particular vehicle, the county agency may
9.6require the applicant or participant document the loan trade-in value by securing a written
9.7statement from a motor vehicle dealer licensed under section 168.27, stating the amount
9.8that the dealer would pay to purchase the vehicle. The county agency shall reimburse the
9.9applicant or participant for the cost of a written statement that documents a lower loan value;
9.10    (2) the value of life insurance policies for members of the assistance unit;
9.11    (3) one burial plot per member of an assistance unit;
9.12    (4) the value of personal property needed to produce earned income, including
9.13tools, implements, farm animals, inventory, business loans, business checking and
9.14savings accounts used at least annually and used exclusively for the operation of a
9.15self-employment business, and any motor vehicles if at least 50 percent of the vehicle's use
9.16is to produce income and if the vehicles are essential for the self-employment business;
9.17    (5) the value of personal property not otherwise specified which is commonly
9.18used by household members in day-to-day living such as clothing, necessary household
9.19furniture, equipment, and other basic maintenance items essential for daily living;
9.20    (6) the value of real and personal property owned by a recipient of Supplemental
9.21Security Income or Minnesota supplemental aid;
9.22    (7) the value of corrective payments, but only for the month in which the payment
9.23is received and for the following month;
9.24    (8) a mobile home or other vehicle used by an applicant or participant as the
9.25applicant's or participant's home;
9.26    (9) money in a separate escrow account that is needed to pay real estate taxes or
9.27insurance and that is used for this purpose;
9.28    (10) money held in escrow to cover employee FICA, employee tax withholding,
9.29sales tax withholding, employee worker compensation, business insurance, property rental,
9.30property taxes, and other costs that are paid at least annually, but less often than monthly;
9.31    (11) monthly assistance payments for the current month's or short-term emergency
9.32needs under section 256J.626, subdivision 2;
9.33    (12) the value of school loans, grants, or scholarships for the period they are
9.34intended to cover;
9.35    (13) payments listed in section 256J.21, subdivision 2, clause (9), which are held in
9.36escrow for a period not to exceed three months to replace or repair personal or real property;
10.1    (14) income received in a budget month through the end of the payment month;
10.2    (15) savings from earned income of a minor child or a minor parent that are set aside
10.3in a separate account designated specifically for future education or employment costs;
10.4    (16) the federal earned income credit, Minnesota working family credit, state and
10.5federal income tax refunds, state homeowners and renters credits under chapter 290A,
10.6property tax rebates and other federal or state tax rebates in the month received and the
10.7following month;
10.8    (17) payments excluded under federal law as long as those payments are held in a
10.9separate account from any nonexcluded funds;
10.10    (18) the assets of children ineligible to receive MFIP benefits because foster care or
10.11adoption assistance payments are made on their behalf; and
10.12    (19) the assets of persons whose income is excluded under section 256J.21,
10.13subdivision 2 , clause (43).

10.14    Sec. 8. Minnesota Statutes 2013 Supplement, section 256J.21, subdivision 2, is
10.15amended to read:
10.16    Subd. 2. Income exclusions. The following must be excluded in determining a
10.17family's available income:
10.18    (1) payments for basic care, difficulty of care, and clothing allowances received for
10.19providing family foster care to children or adults under Minnesota Rules, parts 9555.5050
10.20to 9555.6265, 9560.0521, and 9560.0650 to 9560.0655, and payments received and used
10.21for care and maintenance of a third-party beneficiary who is not a household member;
10.22    (2) reimbursements for employment training received through the Workforce
10.23Investment Act of 1998, United States Code, title 20, chapter 73, section 9201;
10.24    (3) reimbursement for out-of-pocket expenses incurred while performing volunteer
10.25services, jury duty, employment, or informal carpooling arrangements directly related to
10.26employment;
10.27    (4) all educational assistance, except the county agency must count graduate student
10.28teaching assistantships, fellowships, and other similar paid work as earned income and,
10.29after allowing deductions for any unmet and necessary educational expenses, shall
10.30count scholarships or grants awarded to graduate students that do not require teaching
10.31or research as unearned income;
10.32    (5) loans, regardless of purpose, from public or private lending institutions,
10.33governmental lending institutions, or governmental agencies;
10.34    (6) loans from private individuals, regardless of purpose, provided an applicant or
10.35participant documents that the lender expects repayment;
11.1    (7)(i) state income tax refunds; and
11.2    (ii) federal income tax refunds;
11.3    (8)(i) federal earned income credits;
11.4    (ii) Minnesota working family credits;
11.5    (iii) state homeowners and renters credits under chapter 290A; and
11.6    (iv) federal or state tax rebates;
11.7    (9) funds received for reimbursement, replacement, or rebate of personal or real
11.8property when these payments are made by public agencies, awarded by a court, solicited
11.9through public appeal, or made as a grant by a federal agency, state or local government,
11.10or disaster assistance organizations, subsequent to a presidential declaration of disaster;
11.11    (10) the portion of an insurance settlement that is used to pay medical, funeral, and
11.12burial expenses, or to repair or replace insured property;
11.13    (11) reimbursements for medical expenses that cannot be paid by medical assistance;
11.14    (12) payments by a vocational rehabilitation program administered by the state
11.15under chapter 268A, except those payments that are for current living expenses;
11.16    (13) in-kind income, including any payments directly made by a third party to a
11.17provider of goods and services;
11.18    (14) assistance payments to correct underpayments, but only for the month in which
11.19the payment is received;
11.20    (15) payments for short-term emergency needs under section 256J.626, subdivision 2;
11.21    (16) funeral and cemetery payments as provided by section 256.935;
11.22    (17) nonrecurring cash gifts of $30 or less, not exceeding $30 per participant in
11.23a calendar month;
11.24    (18) any form of energy assistance payment made through Public Law 97-35,
11.25Low-Income Home Energy Assistance Act of 1981, payments made directly to energy
11.26providers by other public and private agencies, and any form of credit or rebate payment
11.27issued by energy providers;
11.28    (19) Supplemental Security Income (SSI), including retroactive SSI payments and
11.29other income of an SSI recipient, except as described in section 256J.37, subdivision 3b;
11.30    (20) Minnesota supplemental aid, including retroactive payments;
11.31    (21) proceeds from the sale of real or personal property;
11.32    (22) state adoption assistance payments under chapter 259A, and up to an equal
11.33amount of county adoption assistance payments Minnesota Permanency Demonstration
11.34title IV-E waiver payments under section 256.01, subdivision 14a;
11.35    (23) state-funded family subsidy program payments made under section 252.32 to
11.36help families care for children with developmental disabilities, consumer support grant
12.1funds under section 256.476, and resources and services for a disabled household member
12.2under one of the home and community-based waiver services programs under chapter 256B;
12.3    (24) interest payments and dividends from property that is not excluded from and
12.4that does not exceed the asset limit;
12.5    (25) rent rebates;
12.6    (26) income earned by a minor caregiver, minor child through age 6, or a minor
12.7child who is at least a half-time student in an approved elementary or secondary education
12.8program;
12.9    (27) income earned by a caregiver under age 20 who is at least a half-time student in
12.10an approved elementary or secondary education program;
12.11    (28) MFIP child care payments under section 119B.05;
12.12    (29) all other payments made through MFIP to support a caregiver's pursuit of
12.13greater economic stability;
12.14    (30) income a participant receives related to shared living expenses;
12.15    (31) reverse mortgages;
12.16    (32) benefits provided by the Child Nutrition Act of 1966, United States Code, title
12.1742, chapter 13A, sections 1771 to 1790;
12.18    (33) benefits provided by the women, infants, and children (WIC) nutrition program,
12.19United States Code, title 42, chapter 13A, section 1786;
12.20    (34) benefits from the National School Lunch Act, United States Code, title 42,
12.21chapter 13, sections 1751 to 1769e;
12.22    (35) relocation assistance for displaced persons under the Uniform Relocation
12.23Assistance and Real Property Acquisition Policies Act of 1970, United States Code, title
12.2442, chapter 61, subchapter II, section 4636, or the National Housing Act, United States
12.25Code, title 12, chapter 13, sections 1701 to 1750jj;
12.26    (36) benefits from the Trade Act of 1974, United States Code, title 19, chapter
12.2712, part 2, sections 2271 to 2322;
12.28    (37) war reparations payments to Japanese Americans and Aleuts under United
12.29States Code, title 50, sections 1989 to 1989d;
12.30    (38) payments to veterans or their dependents as a result of legal settlements
12.31regarding Agent Orange or other chemical exposure under Public Law 101-239, section
12.3210405, paragraph (a)(2)(E);
12.33    (39) income that is otherwise specifically excluded from MFIP consideration in
12.34federal law, state law, or federal regulation;
12.35    (40) security and utility deposit refunds;
13.1    (41) American Indian tribal land settlements excluded under Public Laws 98-123,
13.298-124, and 99-377 to the Mississippi Band Chippewa Indians of White Earth, Leech
13.3Lake, and Mille Lacs reservations and payments to members of the White Earth Band,
13.4under United States Code, title 25, chapter 9, section 331, and chapter 16, section 1407;
13.5    (42) all income of the minor parent's parents and stepparents when determining the
13.6grant for the minor parent in households that include a minor parent living with parents or
13.7stepparents on MFIP with other children;
13.8    (43) income of the minor parent's parents and stepparents equal to 200 percent of the
13.9federal poverty guideline for a family size not including the minor parent and the minor
13.10parent's child in households that include a minor parent living with parents or stepparents
13.11not on MFIP when determining the grant for the minor parent. The remainder of income is
13.12deemed as specified in section 256J.37, subdivision 1b;
13.13    (44) payments made to children eligible for relative custody assistance under section
13.14257.85 ;
13.15    (45) vendor payments for goods and services made on behalf of a client unless the
13.16client has the option of receiving the payment in cash;
13.17    (46) the principal portion of a contract for deed payment;
13.18    (47) cash payments to individuals enrolled for full-time service as a volunteer under
13.19AmeriCorps programs including AmeriCorps VISTA, AmeriCorps State, AmeriCorps
13.20National, and AmeriCorps NCCC; and
13.21    (48) housing assistance grants under section 256J.35, paragraph (a).

13.22    Sec. 9. Minnesota Statutes 2013 Supplement, section 256J.24, subdivision 3, is
13.23amended to read:
13.24    Subd. 3. Individuals who must be excluded from an assistance unit. (a) The
13.25following individuals who are part of the assistance unit determined under subdivision 2
13.26are ineligible to receive MFIP:
13.27(1) individuals who are recipients of Supplemental Security Income or Minnesota
13.28supplemental aid;
13.29(2) individuals disqualified from the food stamp or food support program or MFIP,
13.30until the disqualification ends;
13.31(3) children on whose behalf federal, state or local foster care payments are made,
13.32except as provided in sections 256J.13, subdivision 2, and 256J.74, subdivision 2;
13.33(4) children receiving ongoing monthly adoption assistance payments under chapter
13.34259A or children receiving Minnesota Permanency Demonstration title IV-E waiver
13.35payments under section 256.01, subdivision 14a; and
14.1(5) individuals disqualified from the work participation cash benefit program until
14.2that disqualification ends.
14.3(b) The exclusion of a person under this subdivision does not alter the mandatory
14.4assistance unit composition.

14.5    Sec. 10. Minnesota Statutes 2012, section 256J.30, subdivision 4, is amended to read:
14.6    Subd. 4. Participant's completion of recertification of eligibility form. A
14.7participant must complete forms prescribed by the commissioner which are required
14.8for recertification of eligibility according to section 256J.32, subdivision 6. A county
14.9agency must end benefits when the participant fails to submit the recertification form and
14.10verifications and complete the interview process before the end of the certification period.
14.11If the participant submits the recertification form by the last day of the certification period,
14.12benefits may be reinstated back to the date of closing when the recertification process is
14.13completed during the first month after benefits ended.

14.14    Sec. 11. Minnesota Statutes 2012, section 256J.30, subdivision 12, is amended to read:
14.15    Subd. 12. Requirement to provide Social Security numbers. Each member
14.16of the assistance unit must provide the member's Social Security number to the county
14.17agency, except for members in the assistance unit who are qualified noncitizens who are
14.18victims of domestic violence as defined under section 256J.08, subdivision 73, clause (7)
14.19 clauses (8) and (9). When a Social Security number is not provided to the county agency
14.20for verification, this requirement is satisfied when each member of the assistance unit
14.21cooperates with the procedures for verification of numbers, issuance of duplicate cards,
14.22and issuance of new numbers which have been established jointly between the Social
14.23Security Administration and the commissioner.

14.24    Sec. 12. Minnesota Statutes 2012, section 256J.32, subdivision 6, is amended to read:
14.25    Subd. 6. Recertification. (a) The county agency shall recertify eligibility in an
14.26annual face-to-face interview with the participant. The county agency may waive the
14.27face-to-face interview and conduct a phone interview for participants who qualify under
14.28paragraph (b). The interview may be conducted by phone, Internet telepresence, or
14.29face-to-face in the county office or in another location mutually agreed upon. During the
14.30interview, the county agency shall verify the following:
14.31    (1) presence of the minor child in the home, if questionable;
14.32    (2) income, unless excluded, including self-employment expenses used as a
14.33deduction or deposits or withdrawals from business accounts;
15.1    (3) assets when the value is within $200 of the asset limit;
15.2    (4) information to establish an exception under section 256J.24, subdivision 9, if
15.3questionable;
15.4    (5) inconsistent information, if related to eligibility; and
15.5    (6) whether a single caregiver household meets requirements in section 256J.575,
15.6subdivision 3.
15.7(b) A participant who is employed any number of hours must be given the option
15.8of conducting a face-to-face or a phone interview or Internet telepresence to recertify
15.9eligibility. The participant must be employed at the time the interview is scheduled. If
15.10the participant loses the participant's job between the time the interview is scheduled and
15.11when it is to be conducted, the phone interview may still be conducted.

15.12    Sec. 13. Minnesota Statutes 2012, section 256J.32, subdivision 8, is amended to read:
15.13    Subd. 8. Personal statement. (a) The county agency may accept a signed personal
15.14statement from the applicant or participant explaining the reasons that the documentation
15.15requested in subdivision 2 is unavailable as sufficient documentation at the time of
15.16application, recertification, or change related to eligibility only for the following factors:
15.17(1) a claim of family violence if used as a basis to qualify for the family violence
15.18waiver;
15.19(2) information needed to establish an exception under section 256J.24, subdivision 9;
15.20(3) relationship of a minor child to caregivers in the assistance unit;
15.21(4) citizenship status from a noncitizen who reports to be, or is identified as, a victim
15.22of severe forms of trafficking in persons, if the noncitizen reports that the noncitizen's
15.23immigration documents are being held by an individual or group of individuals against the
15.24noncitizen's will. The noncitizen must follow up with the Office of Refugee Resettlement
15.25(ORR) to pursue certification. If verification that certification is being pursued is not
15.26received within 30 days, the MFIP case must be closed and the agency shall pursue
15.27overpayments. The ORR documents certifying the noncitizen's status as a victim of
15.28severe forms of trafficking in persons, or the reason for the delay in processing, must be
15.29received within 90 days, or the MFIP case must be closed and the agency shall pursue
15.30overpayments; and
15.31(5) other documentation unavailable for reasons beyond the control of the applicant
15.32or participant. Reasonable attempts must have been made to obtain the documents
15.33requested under subdivision 2.
15.34(b) After meeting all requirements under section 256J.09, if a county agency
15.35determines that an applicant is ineligible due to exceeding limits under sections 256J.20
16.1and 256J.21, a county agency may accept a signed personal statement from the applicant
16.2as verification.

16.3    Sec. 14. Minnesota Statutes 2012, section 256J.38, subdivision 6, is amended to read:
16.4    Subd. 6. Scope of underpayments. A county agency must issue a corrective
16.5payment for underpayments made to a participant or to a person who would be a
16.6participant if an agency or client error causing the underpayment had not occurred.
16.7Corrective payments are limited to 12 months prior to the month of discovery. The county
16.8agency must issue the corrective payment according to subdivision 8.

16.9    Sec. 15. Minnesota Statutes 2012, section 256J.49, subdivision 13, is amended to read:
16.10    Subd. 13. Work activity. (a) "Work activity" means any activity in a participant's
16.11approved employment plan that leads to employment. For purposes of the MFIP program,
16.12this includes activities that meet the definition of work activity under the participation
16.13requirements of TANF. Work activity includes:
16.14    (1) unsubsidized employment, including work study and paid apprenticeships or
16.15internships;
16.16    (2) subsidized private sector or public sector employment, including grant diversion
16.17as specified in section 256J.69, on-the-job training as specified in section 256J.66, paid
16.18work experience, and supported work when a wage subsidy is provided;
16.19    (3) unpaid uncompensated work experience, including community service, volunteer
16.20work, the community work experience program as specified in section 256J.67, unpaid
16.21apprenticeships or internships, and supported work when a wage subsidy is not provided.
16.22Unpaid uncompensated work experience is only an option if the participant has been unable
16.23to obtain or maintain paid employment in the competitive labor market, and no paid work
16.24experience programs are available to the participant. Prior to placing a participant in unpaid
16.25 uncompensated work, the county must inform the participant that the participant will be
16.26notified if a paid work experience or supported work position becomes available. Unless a
16.27participant consents in writing to participate in unpaid uncompensated work experience, the
16.28participant's employment plan may only include unpaid uncompensated work experience if
16.29including the unpaid work experience in the plan will meet the following criteria are met:
16.30    (i) the unpaid uncompensated work experience will provide the participant specific
16.31skills or experience that cannot be obtained through other work activity options where the
16.32participant resides or is willing to reside; and
17.1    (ii) the skills or experience gained through the unpaid uncompensated work
17.2experience will result in higher wages for the participant than the participant could earn
17.3without the unpaid uncompensated work experience;
17.4    (4) job search including job readiness assistance, job clubs, job placement,
17.5job-related counseling, and job retention services;
17.6    (5) job readiness education, including English as a second language (ESL) or
17.7functional work literacy classes as limited by the provisions of section 256J.531,
17.8subdivision 2 , general educational development (GED) course work, high school
17.9completion, and adult basic education as limited by the provisions of section 256J.531,
17.10subdivision 1 ;
17.11    (6) job skills training directly related to employment, including education and
17.12training that can reasonably be expected to lead to employment, as limited by the
17.13provisions of section 256J.53;
17.14    (7) providing child care services to a participant who is working in a community
17.15service program;
17.16    (8) activities included in the employment plan that is developed under section
17.17256J.521, subdivision 3 ; and
17.18    (9) preemployment activities including chemical and mental health assessments,
17.19treatment, and services; learning disabilities services; child protective services; family
17.20stabilization services; or other programs designed to enhance employability.
17.21(b) "Work activity" does not include activities done for political purposes as defined
17.22in section 211B.01, subdivision 6.

17.23    Sec. 16. Minnesota Statutes 2012, section 256J.521, subdivision 1, is amended to read:
17.24    Subdivision 1. Assessments. (a) For purposes of MFIP employment services,
17.25assessment is a continuing process of gathering information related to employability
17.26for the purpose of identifying both participant's strengths and strategies for coping with
17.27issues that interfere with employment. The job counselor must use information from the
17.28assessment process to develop and update the employment plan under subdivision 2 or
17.293, as appropriate, to determine whether the participant qualifies for a family violence
17.30waiver including an employment plan under subdivision 3, and to determine whether the
17.31participant should be referred to family stabilization services under section 256J.575.
17.32    (b) The scope of assessment must cover at least the following areas:
17.33    (1) basic information about the participant's ability to obtain and retain employment,
17.34including: a review of the participant's education level; interests, skills, and abilities; prior
18.1employment or work experience; transferable work skills; child care and transportation
18.2needs;
18.3    (2) identification of personal and family circumstances that impact the participant's
18.4ability to obtain and retain employment, including: any special needs of the children, the
18.5level of English proficiency, family violence issues, and any involvement with social
18.6services or the legal system;
18.7    (3) the results of a mental and chemical health screening tool designed by the
18.8commissioner and results of the brief screening tool for special learning needs. Screening
18.9tools for mental and chemical health and special learning needs must be approved by the
18.10commissioner and may only be administered by job counselors or county staff trained in
18.11using such screening tools. The commissioner shall work with county agencies to develop
18.12protocols for referrals and follow-up actions after screens are administered to participants,
18.13including guidance on how employment plans may be modified based upon outcomes
18.14of certain screens. Participants must be told of the purpose of the screens and how the
18.15information will be used to assist the participant in identifying and overcoming barriers to
18.16employment. Screening for mental and chemical health and special learning needs must
18.17be completed by participants who are unable to find suitable employment after six weeks
18.18of job search under subdivision 2, paragraph (b), and participants who are determined
18.19to have barriers to employment under subdivision 2, paragraph (d) three months after
18.20development of the initial employment plan or earlier if there is a documented need.
18.21Failure to complete the screens will result in sanction under section 256J.46; and
18.22    (4) a comprehensive review of participation and progress for participants who have
18.23received MFIP assistance and have not worked in unsubsidized employment during the
18.24past 12 months. The purpose of the review is to determine the need for additional services
18.25and supports, including placement in subsidized employment or unpaid work experience
18.26under section 256J.49, subdivision 13, or referral to family stabilization services under
18.27section 256J.575.
18.28    (c) Information gathered during a caregiver's participation in the diversionary work
18.29program under section 256J.95 must be incorporated into the assessment process.
18.30    (d) The job counselor may require the participant to complete a professional chemical
18.31use assessment to be performed according to the rules adopted under section 254A.03,
18.32subdivision 3 , including provisions in the administrative rules which recognize the cultural
18.33background of the participant, or a professional psychological assessment as a component
18.34of the assessment process, when the job counselor has a reasonable belief, based on
18.35objective evidence, that a participant's ability to obtain and retain suitable employment
18.36is impaired by a medical condition. The job counselor may assist the participant with
19.1arranging services, including child care assistance and transportation, necessary to meet
19.2needs identified by the assessment. Data gathered as part of a professional assessment
19.3must be classified and disclosed according to the provisions in section 13.46.

19.4    Sec. 17. Minnesota Statutes 2012, section 256J.521, subdivision 2, is amended to read:
19.5    Subd. 2. Employment plan; contents. (a) Based on the assessment under
19.6subdivision 1, the job counselor and the participant must develop an employment plan
19.7that includes participation in activities and hours that meet the requirements of section
19.8256J.55, subdivision 1 . The purpose of the employment plan is to identify for each
19.9participant the most direct path to unsubsidized employment and any subsequent steps that
19.10support long-term economic stability. The employment plan should be developed using
19.11the highest level of activity appropriate for the participant. Activities must be chosen from
19.12clauses (1) to (6), which are listed in order of preference. Notwithstanding this order of
19.13preference for activities, priority must be given for activities related to a family violence
19.14waiver when developing the employment plan. The employment plan must also list the
19.15specific steps the participant will take to obtain employment, including steps necessary
19.16for the participant to progress from one level of activity to another, and a timetable for
19.17completion of each step. Levels of activity include:
19.18    (1) unsubsidized employment;
19.19    (2) job search;
19.20    (3) subsidized employment or unpaid work experience;
19.21    (4) unsubsidized employment and job readiness education or job skills training;
19.22    (5) unsubsidized employment or unpaid work experience and activities related to
19.23a family violence waiver or preemployment needs; and
19.24    (6) activities related to a family violence waiver or preemployment needs.
19.25    (b) Participants who are determined to possess sufficient skills such that the
19.26participant is likely to succeed in obtaining unsubsidized employment must job search at
19.27least 30 hours per week for up to six weeks three months and accept any offer of suitable
19.28employment. The remaining hours necessary to meet the requirements of section 256J.55,
19.29subdivision 1 , may be met through participation in other work activities under section
19.30256J.49, subdivision 13 . The participant's employment plan must specify, at a minimum:
19.31(1) whether the job search is supervised or unsupervised on site or self-directed; (2)
19.32support services that will be provided; and (3) how frequently the participant must report
19.33to the job counselor. Participants who are unable to find suitable employment after six
19.34weeks three months must meet with the job counselor to determine whether other activities
20.1in paragraph (a) should be incorporated into the employment plan. Job search activities
20.2which are continued after six weeks three months must be structured and supervised.
20.3    (c) Participants who are determined to have barriers to obtaining or maintaining
20.4suitable employment that will not be overcome during six weeks three months of job
20.5search under paragraph (b) must work with the job counselor to develop an employment
20.6plan that addresses those barriers by incorporating appropriate activities from paragraph
20.7(a), clauses (1) to (6). The employment plan must include enough hours to meet the
20.8participation requirements in section 256J.55, subdivision 1, unless a compelling reason to
20.9require fewer hours is noted in the participant's file.
20.10    (d) The job counselor and the participant must sign the employment plan to indicate
20.11agreement on the contents.
20.12    (e) Except as provided under paragraph (f), failure to develop or comply with
20.13activities in the plan, or voluntarily quitting suitable employment without good cause, will
20.14result in the imposition of a sanction under section 256J.46.
20.15    (f) When a participant fails to meet the agreed-upon hours of participation in paid
20.16employment because the participant is not eligible for holiday pay and the participant's
20.17place of employment is closed for a holiday, the job counselor shall not impose a sanction
20.18or increase the hours of participation in any other activity, including paid employment, to
20.19offset the hours that were missed due to the holiday.
20.20    (g) Employment plans must be reviewed at least every three months to determine
20.21whether activities and hourly requirements should be revised. The job counselor is
20.22encouraged to allow participants who are participating in at least 20 hours of work
20.23activities to also participate in education and training activities in order to meet the federal
20.24hourly participation rates.

20.25    Sec. 18. Minnesota Statutes 2012, section 256J.53, subdivision 2, is amended to read:
20.26    Subd. 2. Approval of postsecondary education or training. (a) In order for a
20.27postsecondary education or training program to be an approved activity in an employment
20.28plan, the plan must include additional work activities if the education and training
20.29activities do not meet the minimum hours required to meet the federal work participation
20.30rate under Code of Federal Regulations, title 45, sections 261.31 and 261.35.
20.31    (b) Participants seeking approval of a postsecondary education or training plan must
20.32provide documentation work with the job counselor to document that:
20.33    (1) the employment goal can only be met with the additional education or training;
20.34    (2) there are suitable employment opportunities that require the specific education or
20.35training in the area in which the participant resides or is willing to reside;
21.1    (3) the education or training will result in significantly higher wages for the
21.2participant than the participant could earn without the education or training;
21.3    (4) the participant can meet the requirements for admission into the program; and
21.4    (5) there is a reasonable expectation that the participant will complete the training
21.5program based on such factors as the participant's MFIP assessment, previous education,
21.6training, and work history; current motivation; and changes in previous circumstances.

21.7    Sec. 19. Minnesota Statutes 2012, section 256J.53, subdivision 5, is amended to read:
21.8    Subd. 5. Requirements after postsecondary education or training. Upon
21.9completion of an approved education or training program, a participant who does not meet
21.10the participation requirements in section 256J.55, subdivision 1, through unsubsidized
21.11employment must participate in job search. If, after six weeks three months of job search,
21.12the participant does not find a full-time job consistent with the employment goal, the
21.13participant must accept any offer of full-time suitable employment, or meet with the job
21.14counselor to revise the employment plan to include additional work activities necessary to
21.15meet hourly requirements.

21.16    Sec. 20. Minnesota Statutes 2012, section 256J.575, subdivision 7, is amended to read:
21.17    Subd. 7. Sanctions. (a) The county agency or employment services provider must
21.18follow the requirements of this subdivision at the time the county agency or employment
21.19services provider has information that an MFIP recipient may meet the eligibility criteria
21.20in subdivision 3.
21.21(b) The financial assistance grant of a participating family is reduced according to
21.22section 256J.46, if a participating adult fails without good cause to comply or continue
21.23to comply with the family stabilization plan requirements in this subdivision, unless
21.24compliance has been excused under subdivision 6, paragraph (d).
21.25    (c) Given the purpose of the family stabilization services in this section and the
21.26nature of the underlying family circumstances that act as barriers to both employment
21.27and full compliance with program requirements, there must be a review by the county
21.28agency prior to imposing a sanction to determine whether the plan was appropriated
21.29 appropriate to the needs of the participant and family. There must be a current assessment
21.30by a behavioral health or medical professional confirming that the participant in all ways
21.31had the ability to comply with the plan. Ability to comply with the plan is determined in
21.32clauses (1) to (4). For participants who meet:
21.33(1) ill or incapacitated eligibility criteria under section 256J.425, subdivision 2,
21.34or hard-to-employ criteria for developmental disability, mental illness, unemployable,
22.1IQ below 80, or learning disability under section 256J.425, subdivision 3, paragraph
22.2(a), clause (1), (2), or (3), there must be a current assessment by a behavioral health or
22.3medical professional confirming that the participant in all ways had the ability to comply
22.4with the plan;
22.5(2) family violence eligibility criteria under section 256J.425, subdivision 3,
22.6paragraph (a), clause (4), there must be a determination by a job counselor in consultation
22.7with a domestic violence advocate that the participant had the ability to comply;
22.8(3) noncitizen eligibility criteria under subdivision 3, paragraph (a), clause (3), there
22.9must be a determination by a bilingual supervisor, a supervisor in consultation with a
22.10bilingual job counselor, or a supervisor and a job counselor if a bilingual supervisor or job
22.11counselor is not available, that the participant had the ability to comply; and
22.12(4) age eligibility criteria under subdivision 3, paragraph (a), clause (4), there must
22.13be a determination by a supervisor that the participant had the ability to comply.
22.14    (d) Prior to the imposition of a sanction, the county agency or employment services
22.15provider shall review the participant's case to determine if the family stabilization plan
22.16is still appropriate and meet with the participant face-to-face. The county agency or
22.17employment services provider must inform the participant of the right to bring an advocate
22.18to the face-to-face meeting.
22.19    During the face-to-face meeting, the county agency shall:
22.20    (1) determine whether the continued noncompliance can be explained and mitigated
22.21by providing a needed family stabilization service, as defined in subdivision 2, paragraph
22.22(d);
22.23    (2) determine whether the participant qualifies for a good cause exception under
22.24section 256J.57, or if the sanction is for noncooperation with child support requirements,
22.25determine if the participant qualifies for a good cause exemption under section 256.741,
22.26subdivision 10;
22.27    (3) determine whether activities in the family stabilization plan are appropriate
22.28based on the family's circumstances;
22.29    (4) explain the consequences of continuing noncompliance;
22.30    (5) identify other resources that may be available to the participant to meet the
22.31needs of the family; and
22.32    (6) inform the participant of the right to appeal under section 256J.40.
22.33    If the lack of an identified activity or service can explain the noncompliance, the
22.34county shall work with the participant to provide the identified activity.
22.35    (e) If the participant fails to come to the face-to-face meeting, the case manager or a
22.36designee shall attempt at least one home visit. If a face-to-face meeting is not conducted,
23.1the county agency shall send the participant a written notice that includes the information
23.2under paragraph (d).
23.3    (f) After the requirements of paragraphs (d) and (e) are met and prior to imposition
23.4of a sanction, the county agency shall provide a notice of intent to sanction under section
23.5256J.57, subdivision 2 , and, when applicable, a notice of adverse action under section
23.6256J.31 .
23.7    (g) Section 256J.57 applies to this section except to the extent that it is modified
23.8by this subdivision.

23.9    Sec. 21. Minnesota Statutes 2013 Supplement, section 256J.621, is amended to read:
23.10256J.621 WORK PARTICIPATION CASH BENEFITS.
23.11    Subdivision 1. Program characteristics. (a) Effective October 1, 2009, upon
23.12exiting the diversionary work program (DWP) or upon terminating Within 30 days of
23.13exiting the Minnesota family investment program with earnings, a participant who is
23.14employed may be eligible the county must assess eligibility for work participation cash
23.15benefits of $25 per month to assist in meeting the family's basic needs as the participant
23.16continues to move toward self-sufficiency. Payment begins effective the first of the month
23.17following exit or termination for MFIP and DWP participants.
23.18    (b) To be eligible for work participation cash benefits, the participant shall not
23.19receive MFIP or diversionary work program assistance during the month and the
23.20participant or participants must meet the following work requirements:
23.21    (1) if the participant is a single caregiver and has a child under six years of age, the
23.22participant must be employed at least 87 hours per month;
23.23    (2) if the participant is a single caregiver and does not have a child under six years of
23.24age, the participant must be employed at least 130 hours per month; or
23.25    (3) if the household is a two-parent family, at least one of the parents must be
23.26employed 130 hours per month.
23.27    Whenever a participant exits the diversionary work program or is terminated from
23.28MFIP and meets the other criteria in this section, work participation cash benefits are
23.29available for up to 24 consecutive months.
23.30    (c) Expenditures on the program are maintenance of effort state funds under
23.31a separate state program for participants under paragraph (b), clauses (1) and (2).
23.32Expenditures for participants under paragraph (b), clause (3), are nonmaintenance of effort
23.33funds. Months in which a participant receives work participation cash benefits under this
23.34section do not count toward the participant's MFIP 60-month time limit.
24.1    Subd. 2. Program suspension. (a) Effective December 1, 2014, the work
24.2participation cash benefits program shall be suspended.
24.3(b) The commissioner of human services may reinstate the work participation cash
24.4benefits program if the United States Department of Human Services determines that the
24.5state of Minnesota did not meet the federal TANF work participation rate and sends a
24.6notice of penalty to reduce Minnesota's federal TANF block grant authorized under title I
24.7of Public Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation
24.8Act of 1996, and under Public Law 109-171, the Deficit Reduction Act of 2005.
24.9(c) The commissioner shall notify the chairs and ranking minority members of the
24.10legislative committees with jurisdiction over human services policy and finance of the
24.11potential penalty and the commissioner's plans to reinstate the work participation cash
24.12benefit program within 30 days of the date the commissioner receives notification that
24.13the state failed to meet the federal work participation rate.

24.14    Sec. 22. Minnesota Statutes 2013 Supplement, section 256J.626, subdivision 7,
24.15is amended to read:
24.16    Subd. 7. Performance base funds. (a) For the purpose of this section, the following
24.17terms have the meanings given.
24.18(1) "Caseload Reduction Credit" (CRC) means the measure of how much Minnesota
24.19TANF and separate state program caseload has fallen relative to federal fiscal year 2005
24.20based on caseload data from October 1 to September 30.
24.21(2) "TANF participation rate target" means a 50 percent participation rate reduced by
24.22the CRC for the previous year.
24.23(b) (a) Each county and tribe will be allocated 95 percent of their initial calendar
24.24year allocation. Counties and tribes will must be allocated additional funds based on
24.25performance as follows:
24.26    (1) a county or tribe that achieves the TANF participation rate target or a five
24.27percentage point improvement over the previous year's TANF participation rate under
24.28section 256J.751, subdivision 2, clause (7), as averaged across 12 consecutive months for
24.29the most recent year for which the measurements are available, will receive an additional
24.30allocation equal to 2.5 percent of its initial allocation;
24.31    (2) (1) a county or tribe that performs within or above its range of expected
24.32performance on the annualized three-year self-support index under section 256J.751,
24.33subdivision 2 , clause (6), will must receive an additional allocation equal to 2.5 five
24.34 percent of its initial allocation; and
25.1    (3) a county or tribe that does not achieve the TANF participation rate target or
25.2a five percentage point improvement over the previous year's TANF participation rate
25.3under section 256J.751, subdivision 2, clause (7), as averaged across 12 consecutive
25.4months for the most recent year for which the measurements are available, will not
25.5receive an additional 2.5 percent of its initial allocation until after negotiating a multiyear
25.6improvement plan with the commissioner; or
25.7    (4) (2) a county or tribe that does not perform within or above its range of expected
25.8performance on the annualized three-year self-support index under section 256J.751,
25.9subdivision 2 , clause (6), will must not receive an additional allocation equal to 2.5 five
25.10 percent of its initial allocation until after negotiating a multiyear improvement plan with
25.11the commissioner.
25.12    (c) (b) For calendar year 2009 2014 and yearly thereafter, performance-based funds
25.13for a federally approved tribal TANF program in which the state and tribe have in place a
25.14contract under section 256.01, addressing consolidated funding, will must be allocated
25.15as follows:
25.16    (1) a tribe that achieves the participation rate approved in its federal TANF plan
25.17using the average of 12 consecutive months for the most recent year for which the
25.18measurements are available, will receive an additional allocation equal to 2.5 percent of
25.19its initial allocation; and
25.20    (2) (1) a tribe that performs within or above its range of expected performance on the
25.21annualized three-year self-support index under section 256J.751, subdivision 2, clause (6),
25.22will must receive an additional allocation equal to 2.5 five percent of its initial allocation; or
25.23    (3) a tribe that does not achieve the participation rate approved in its federal TANF
25.24plan using the average of 12 consecutive months for the most recent year for which the
25.25measurements are available, will not receive an additional allocation equal to 2.5 percent
25.26of its initial allocation until after negotiating a multiyear improvement plan with the
25.27commissioner; or
25.28    (4) (2) a tribe that does not perform within or above its range of expected
25.29performance on the annualized three-year self-support index under section 256J.751,
25.30subdivision 2 , clause (6), will must not receive an additional allocation equal to 2.5 five
25.31 percent until after negotiating a multiyear improvement plan with the commissioner.
25.32    (d) (c) Funds remaining unallocated after the performance-based allocations in
25.33paragraph paragraphs (a) and (b) are available to the commissioner for innovation projects
25.34under subdivision 5.
25.35     (1) If available funds are insufficient to meet county and tribal allocations under
25.36paragraph paragraphs (a) and (b), the commissioner may make available for allocation
26.1funds that are unobligated and available from the innovation projects through the end
26.2of the current biennium.
26.3    (2) If after the application of clause (1) funds remain insufficient to meet county and
26.4tribal allocations under paragraph (b), the commissioner must proportionally reduce the
26.5allocation of each county and tribe with respect to their maximum allocation available
26.6under paragraph (a) or (b).

26.7    Sec. 23. Minnesota Statutes 2012, section 256J.626, subdivision 8, is amended to read:
26.8    Subd. 8. Reporting requirement and reimbursement. (a) The commissioner shall
26.9specify requirements for reporting according to section 256.01, subdivision 2, clause (17).
26.10Each county or tribe shall be reimbursed for eligible expenditures up to the limit of its
26.11allocation and subject to availability of funds.
26.12(b) Reimbursements for county administrative-related expenditures determined
26.13through the income maintenance random moment time study shall be reimbursed at a
26.14rate of 50 percent of eligible expenditures.
26.15(c) The commissioner of human services shall review county and tribal agency
26.16expenditures of the MFIP consolidated fund as appropriate and may reallocate
26.17unencumbered or unexpended money appropriated under this section to those county and
26.18tribal agencies that can demonstrate a need for additional money as follows:.
26.19(1) to the extent that particular county or tribal allocations are reduced from the
26.20previous year's amount due to the phase-in under subdivision 6, paragraph (b), clauses (4)
26.21to (6), those tribes or counties would have first priority for reallocated funds; and
26.22(2) To the extent that unexpended funds are insufficient to cover demonstrated need,
26.23funds will must be prorated to those counties and tribes in relation to demonstrated need.

26.24    Sec. 24. Minnesota Statutes 2012, section 256J.67, is amended to read:
26.25256J.67 COMMUNITY WORK EXPERIENCE.
26.26    Subdivision 1. Establishing the community work experience program. To the
26.27extent of available resources, each county agency may establish and operate a community
26.28work experience component for MFIP caregivers who are participating in employment and
26.29training services. This option for county agencies supersedes the requirement in section
26.30402(a)(1)(B)(iv) of the Social Security Act that caregivers who have received assistance
26.31for two months and who are not exempt from work requirements must participate in a
26.32work experience program. The purpose of the community work experience component is
26.33to enhance the caregiver's employability and self-sufficiency and to provide meaningful,
26.34productive work activities. The county shall use this program for an individual after
27.1exhausting all other employment opportunities. The county agency shall not require a
27.2caregiver to participate in the community work experience program unless the caregiver
27.3has been given an opportunity to participate in other work activities.
27.4    Subd. 2. Commissioner's duties. The commissioner shall assist counties in the
27.5design and implementation of these components.
27.6    Subd. 3. Employment options. (a) Work sites developed under this section are
27.7limited to projects that serve a useful public service such as: health, social service,
27.8environmental protection, education, urban and rural development and redevelopment,
27.9welfare, recreation, public facilities, public safety, community service, services to aged
27.10or disabled citizens, and child care. To the extent possible, the prior training, skills, and
27.11experience of a caregiver must be considered in making appropriate work experience
27.12assignments.
27.13(b) Structured, supervised volunteer uncompensated work with an agency or
27.14organization, which is monitored by the county service provider, may, with the approval
27.15of the county agency, be used as a community work experience placement.
27.16(c) As a condition of placing a caregiver in a program under this section, the county
27.17agency shall first provide the caregiver the opportunity:
27.18(1) for placement in suitable subsidized or unsubsidized employment through
27.19participation in a job search; or
27.20(2) for placement in suitable employment through participation in on-the-job
27.21training, if such employment is available.
27.22    Subd. 4. Employment plan. (a) The caretaker's employment plan must include
27.23the length of time needed in the community work experience program, the need to
27.24continue job-seeking activities while participating in community work experience, and
27.25the caregiver's employment goals.
27.26(b) After each six months of a caregiver's participation in a community work
27.27experience job placement, and at the conclusion of each community work experience
27.28assignment under this section, the county agency shall reassess and revise, as appropriate,
27.29the caregiver's employment plan.
27.30(c) A caregiver may claim good cause under section 256J.57, subdivision 1, for
27.31failure to cooperate with a community work experience job placement.
27.32(d) The county agency shall limit the maximum number of hours any participant may
27.33work under this section to the amount of the MFIP standard of need divided by the federal
27.34or applicable state minimum wage, whichever is higher. After a participant has been
27.35assigned to a position for nine months, the participant may not continue in that assignment
27.36unless the maximum number of hours a participant works is no greater than the amount of
28.1the MFIP standard of need divided by the rate of pay for individuals employed in the same
28.2or similar occupations by the same employer at the same site. This limit does not apply if
28.3it would prevent a participant from counting toward the federal work participation rate.

28.4    Sec. 25. Minnesota Statutes 2012, section 256J.68, subdivision 1, is amended to read:
28.5    Subdivision 1. Applicability. (a) This section must be used to determine payment
28.6of any claims resulting from an alleged injury or death of a person participating in a
28.7county or a tribal community uncompensated work experience program under section
28.8256J.49, subdivision 13, paragraph (a), clause (3), that is approved by the commissioner
28.9and is operated by:
28.10(1) the county agency;
28.11(2) the tribe;
28.12(3) a department of the state agency; or
28.13(4) a community-based organization under contract, prior to April 1, 1997, with
28.14a tribe or county agency to provide a community an uncompensated work experience
28.15program or a food stamp community work experience employment and training program,
28.16provided the organization has not experienced any individual injury loss or claim greater
28.17than $1,000 under section 256D.051.
28.18(b) This determination method is available to the community-based organization
28.19under paragraph (a), clause (4), only for claims incurred by participants in the community
28.20work experience program or the food stamp community work experience program.
28.21(c) (b) This determination method section applies to the community work experience
28.22program under section 256J.67, the Supplemental Nutrition Assistance Program
28.23uncompensated work experience programs authorized, and to other uncompensated
28.24work programs approved by the commissioner for persons applying for or receiving
28.25cash assistance and food stamps, and to the Minnesota parent's fair share program, in a
28.26county with an approved community investment program for obligors. Uncompensated
28.27work experience programs are considered to be approved by the commissioner if they
28.28are included in an approved tribal or county biennial service agreement under section
28.29256J.626, subdivision 4.

28.30    Sec. 26. Minnesota Statutes 2012, section 256J.68, subdivision 2, is amended to read:
28.31    Subd. 2. Investigation of the claim. Claims that are subject to this section
28.32must be investigated by the county agency or the tribal program tribe responsible for
28.33supervising the placing a participant in an uncompensated work experience program to
28.34determine whether the claimed injury occurred, whether the claimed medical expenses
29.1are reasonable, and whether the loss is covered by the claimant's insurance. If insurance
29.2coverage is established, the county agency or tribal program tribe shall submit the claim to
29.3the appropriate insurance entity for payment. The investigating county agency or tribal
29.4program tribe shall submit all valid remaining claims, in the amount net of any insurance
29.5payments, to the Department of Human Services.

29.6    Sec. 27. Minnesota Statutes 2012, section 256J.68, subdivision 4, is amended to read:
29.7    Subd. 4. Claims less than $1,000. The commissioner shall approve a claim of
29.8$1,000 or less for payment if appropriated funds are available, if the county agency
29.9or tribal program tribe responsible for supervising the placing a participant in an
29.10uncompensated work experience program has made the determinations required by this
29.11section, and if the work program was operated in compliance with the safety provisions
29.12of this section. The commissioner shall pay the portion of an approved claim of $1,000
29.13or less that is not covered by the claimant's insurance within three months of the date
29.14of submission. On or before February 1 of each year, the commissioner shall submit
29.15to the appropriate committees of the senate and the house of representatives a list of
29.16claims of $1,000 or less paid during the preceding calendar year and shall be reimbursed
29.17by legislative appropriation for any claims that exceed the original appropriation
29.18provided to the commissioner to operate this program the injury protection program for
29.19uncompensated work experience participants. Any unspent money from this appropriation
29.20shall carry over to the second year of the biennium, and any unspent money remaining at
29.21the end of the second year shall be returned to the state general fund.

29.22    Sec. 28. Minnesota Statutes 2012, section 256J.68, subdivision 7, is amended to read:
29.23    Subd. 7. Exclusive procedure. The procedure procedures established by this
29.24section is apply to uncompensated work experience programs under subdivision 1 and are
29.25 exclusive of all other legal, equitable, and statutory remedies against the state, its political
29.26subdivisions, or employees of the state or its political subdivisions under section 13.02,
29.27subdivision 11. The claimant shall not be entitled to seek damages from any state, county,
29.28tribal, or reservation insurance policy or self-insurance program. A provider who accepts
29.29or agrees to accept an injury protection program payment for services provided to an
29.30individual must not require any payment from the individual.

29.31    Sec. 29. Minnesota Statutes 2012, section 256J.68, subdivision 8, is amended to read:
30.1    Subd. 8. Invalid claims. A claim is not valid invalid for purposes of this section
30.2if the county agency or tribe responsible for supervising the work placing a participant
30.3 cannot verify to the commissioner:
30.4(1) that appropriate safety training and information is provided to all persons being
30.5supervised by the agency uncompensated work experience site under this section; and
30.6(2) that all programs involving work by those persons under subdivision 1 comply
30.7with federal Occupational Safety and Health Administration and state Department of
30.8Labor and Industry safety standards. A claim that is not valid because of An invalid claim
30.9due to a failure to verify safety training or compliance with safety standards will not be
30.10paid by the Department of Human Services or through the legislative claims process and
30.11must be heard, decided, and paid, if appropriate, by the local government unit county
30.12agency or tribal program tribe responsible for supervising the work of placing the claimant.

30.13    Sec. 30. Minnesota Statutes 2012, section 256J.751, subdivision 2, is amended to read:
30.14    Subd. 2. Quarterly comparison report. (a) The commissioner shall report
30.15quarterly to all counties on each county's performance on the following measures:
30.16    (1) percent of MFIP caseload working in paid employment;
30.17    (2) percent of MFIP caseload receiving only the food portion of assistance;
30.18    (3) number of MFIP cases that have left assistance;
30.19    (4) median placement wage rate;
30.20    (5) caseload by months of TANF assistance;
30.21    (6) percent of MFIP and diversionary work program (DWP) cases off cash assistance
30.22or working 30 or more hours per week at one-year, two-year, and three-year follow-up
30.23points from a baseline quarter. This measure is called the self-support index. The
30.24commissioner shall report quarterly an expected range of performance for each county,
30.25county grouping, and tribe on the self-support index. The expected range shall be derived
30.26by a statistical methodology developed by the commissioner in consultation with the
30.27counties and tribes. The statistical methodology shall control differences across counties
30.28in economic conditions and demographics of the MFIP and DWP case load; and
30.29    (7) the TANF work participation rate, defined as the participation requirements
30.30specified under Public Law 109-171, the Deficit Reduction Act of 2005.
30.31    (b) The commissioner shall not apply the limits on vocational educational training and
30.32education activities under Code of Federal Regulations, title 45, section 261.33(c) when
30.33determining TANF work participation rates for individual counties under this subdivision.

30.34    Sec. 31. Minnesota Statutes 2012, section 256K.26, subdivision 4, is amended to read:
31.1    Subd. 4. County Eligibility. Counties and tribes are eligible for funding under
31.2this section. Priority will be given to proposals submitted on behalf of multicounty and
31.3tribal partnerships.

31.4    Sec. 32. Minnesota Statutes 2013 Supplement, section 626.556, subdivision 2, is
31.5amended to read:
31.6    Subd. 2. Definitions. As used in this section, the following terms have the meanings
31.7given them unless the specific content indicates otherwise:
31.8    (a) "Family assessment" means a comprehensive assessment of child safety, risk
31.9of subsequent child maltreatment, and family strengths and needs that is applied to a
31.10child maltreatment report that does not allege substantial child endangerment. Family
31.11assessment does not include a determination as to whether child maltreatment occurred
31.12but does determine the need for services to address the safety of family members and the
31.13risk of subsequent maltreatment.
31.14    (b) "Investigation" means fact gathering related to the current safety of a child
31.15and the risk of subsequent maltreatment that determines whether child maltreatment
31.16occurred and whether child protective services are needed. An investigation must be used
31.17when reports involve substantial child endangerment, and for reports of maltreatment in
31.18facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
31.19144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
31.2013, and 124D.10; or in a nonlicensed personal care provider association as defined in
31.21sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
31.22    (c) "Substantial child endangerment" means a person responsible for a child's care,
31.23and in the case of sexual abuse includes a person who has a significant relationship to the
31.24child as defined in section 609.341, or a person in a position of authority as defined in
31.25section 609.341, who by act or omission commits or attempts to commit an act against a
31.26child under their care that constitutes any of the following:
31.27    (1) egregious harm as defined in section 260C.007, subdivision 14;
31.28    (2) sexual abuse as defined in paragraph (d);
31.29    (3) abandonment under section 260C.301, subdivision 2;
31.30    (4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
31.31child's physical or mental health, including a growth delay, which may be referred to as
31.32failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
31.33    (5) murder in the first, second, or third degree under section 609.185, 609.19, or
31.34609.195 ;
31.35    (6) manslaughter in the first or second degree under section 609.20 or 609.205;
32.1    (7) assault in the first, second, or third degree under section 609.221, 609.222, or
32.2609.223 ;
32.3    (8) solicitation, inducement, and promotion of prostitution under section 609.322;
32.4    (9) criminal sexual conduct under sections 609.342 to 609.3451;
32.5    (10) solicitation of children to engage in sexual conduct under section 609.352;
32.6    (11) malicious punishment or neglect or endangerment of a child under section
32.7609.377 or 609.378;
32.8    (12) use of a minor in sexual performance under section 617.246; or
32.9    (13) parental behavior, status, or condition which mandates that the county attorney
32.10file a termination of parental rights petition under section 260C.503, subdivision 2.
32.11    (d) "Sexual abuse" means the subjection of a child by a person responsible for the
32.12child's care, by a person who has a significant relationship to the child, as defined in
32.13section 609.341, or by a person in a position of authority, as defined in section 609.341,
32.14subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
32.15conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
32.16609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
32.17in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
32.18abuse also includes any act which involves a minor which constitutes a violation of
32.19prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
32.20threatened sexual abuse which includes the status of a parent or household member
32.21who has committed a violation which requires registration as an offender under section
32.22243.166, subdivision 1b, paragraph (a) or (b), or required registration under section
32.23243.166, subdivision 1b, paragraph (a) or (b).
32.24    (e) "Person responsible for the child's care" means (1) an individual functioning
32.25within the family unit and having responsibilities for the care of the child such as a
32.26parent, guardian, or other person having similar care responsibilities, or (2) an individual
32.27functioning outside the family unit and having responsibilities for the care of the child
32.28such as a teacher, school administrator, other school employees or agents, or other lawful
32.29custodian of a child having either full-time or short-term care responsibilities including,
32.30but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
32.31and coaching.
32.32    (f) "Neglect" means the commission or omission of any of the acts specified under
32.33clauses (1) to (9), other than by accidental means:
32.34    (1) failure by a person responsible for a child's care to supply a child with necessary
32.35food, clothing, shelter, health, medical, or other care required for the child's physical or
32.36mental health when reasonably able to do so;
33.1    (2) failure to protect a child from conditions or actions that seriously endanger the
33.2child's physical or mental health when reasonably able to do so, including a growth delay,
33.3which may be referred to as a failure to thrive, that has been diagnosed by a physician and
33.4is due to parental neglect;
33.5    (3) failure to provide for necessary supervision or child care arrangements
33.6appropriate for a child after considering factors as the child's age, mental ability, physical
33.7condition, length of absence, or environment, when the child is unable to care for the
33.8child's own basic needs or safety, or the basic needs or safety of another child in their care;
33.9    (4) failure to ensure that the child is educated as defined in sections 120A.22 and
33.10260C.163, subdivision 11 , which does not include a parent's refusal to provide the parent's
33.11child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
33.12    (5) nothing in this section shall be construed to mean that a child is neglected solely
33.13because the child's parent, guardian, or other person responsible for the child's care in
33.14good faith selects and depends upon spiritual means or prayer for treatment or care of
33.15disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
33.16or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
33.17if a lack of medical care may cause serious danger to the child's health. This section does
33.18not impose upon persons, not otherwise legally responsible for providing a child with
33.19necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
33.20    (6) prenatal exposure to a controlled substance, as defined in section 253B.02,
33.21subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
33.22symptoms in the child at birth, results of a toxicology test performed on the mother at
33.23delivery or the child at birth, medical effects or developmental delays during the child's
33.24first year of life that medically indicate prenatal exposure to a controlled substance, or the
33.25presence of a fetal alcohol spectrum disorder;
33.26    (7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
33.27    (8) chronic and severe use of alcohol or a controlled substance by a parent or
33.28person responsible for the care of the child that adversely affects the child's basic needs
33.29and safety; or
33.30    (9) emotional harm from a pattern of behavior which contributes to impaired
33.31emotional functioning of the child which may be demonstrated by a substantial and
33.32observable effect in the child's behavior, emotional response, or cognition that is not
33.33within the normal range for the child's age and stage of development, with due regard to
33.34the child's culture.
33.35    (g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
33.36inflicted by a person responsible for the child's care on a child other than by accidental
34.1means, or any physical or mental injury that cannot reasonably be explained by the child's
34.2history of injuries, or any aversive or deprivation procedures, or regulated interventions,
34.3that have not been authorized under section 121A.67 or 245.825.
34.4    Abuse does not include reasonable and moderate physical discipline of a child
34.5administered by a parent or legal guardian which does not result in an injury. Abuse does
34.6not include the use of reasonable force by a teacher, principal, or school employee as
34.7allowed by section 121A.582. Actions which are not reasonable and moderate include,
34.8but are not limited to, any of the following that are done in anger or without regard to the
34.9safety of the child:
34.10    (1) throwing, kicking, burning, biting, or cutting a child;
34.11    (2) striking a child with a closed fist;
34.12    (3) shaking a child under age three;
34.13    (4) striking or other actions which result in any nonaccidental injury to a child
34.14under 18 months of age;
34.15    (5) unreasonable interference with a child's breathing;
34.16    (6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
34.17    (7) striking a child under age one on the face or head;
34.18    (8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
34.19substances which were not prescribed for the child by a practitioner, in order to control or
34.20punish the child; or other substances that substantially affect the child's behavior, motor
34.21coordination, or judgment or that results in sickness or internal injury, or subjects the
34.22child to medical procedures that would be unnecessary if the child were not exposed
34.23to the substances;
34.24    (9) unreasonable physical confinement or restraint not permitted under section
34.25609.379 , including but not limited to tying, caging, or chaining; or
34.26    (10) in a school facility or school zone, an act by a person responsible for the child's
34.27care that is a violation under section 121A.58.
34.28    (h) "Report" means any report statement, oral or written, received by the local
34.29welfare agency, police department, county sheriff, or agency responsible for assessing
34.30or investigating child maltreatment allegations pursuant to this section which meets the
34.31statutory definition of child maltreatment.
34.32    (i) "Facility" means:
34.33    (1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
34.34sanitarium, or other facility or institution required to be licensed under sections 144.50 to
34.35144.58 , 241.021, or 245A.01 to 245A.16, or chapter 245D;
35.1    (2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
35.2124D.10 ; or
35.3    (3) a nonlicensed personal care provider organization as defined in sections 256B.04,
35.4subdivision 16, and 256B.0625, subdivision 19a.
35.5    (j) "Operator" means an operator or agency as defined in section 245A.02.
35.6    (k) "Commissioner" means the commissioner of human services.
35.7    (l) "Practice of social services," for the purposes of subdivision 3, includes but is
35.8not limited to employee assistance counseling and the provision of guardian ad litem and
35.9parenting time expeditor services.
35.10    (m) "Mental injury" means an injury to the psychological capacity or emotional
35.11stability of a child as evidenced by an observable or substantial impairment in the child's
35.12ability to function within a normal range of performance and behavior with due regard to
35.13the child's culture.
35.14    (n) "Threatened injury" means a statement, overt act, condition, or status that
35.15represents a substantial risk of physical or sexual abuse or mental injury. Threatened
35.16injury includes, but is not limited to, exposing a child to a person responsible for the
35.17child's care, as defined in paragraph (e), clause (1), who has:
35.18    (1) subjected a child to, or failed to protect a child from, an overt act or condition
35.19that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
35.20similar law of another jurisdiction;
35.21    (2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph
35.22(b), clause (4), or a similar law of another jurisdiction;
35.23    (3) committed an act that has resulted in an involuntary termination of parental rights
35.24under section 260C.301, or a similar law of another jurisdiction; or
35.25    (4) committed an act that has resulted in the involuntary transfer of permanent
35.26legal and physical custody of a child to a relative under Minnesota Statutes 2010, section
35.27260C.201, subdivision 11 , paragraph (d), clause (1), section 260C.515, subdivision 4, or a
35.28similar law of another jurisdiction.
35.29A child is the subject of a report of threatened injury when the responsible social
35.30services agency receives birth match data under paragraph (o) from the Department of
35.31Human Services.
35.32(o) Upon receiving data under section 144.225, subdivision 2b, contained in a
35.33birth record or recognition of parentage identifying a child who is subject to threatened
35.34injury under paragraph (n), the Department of Human Services shall send the data to the
35.35responsible social services agency. The data is known as "birth match" data. Unless the
35.36responsible social services agency has already begun an investigation or assessment of the
36.1report due to the birth of the child or execution of the recognition of parentage and the
36.2parent's previous history with child protection, the agency shall accept the birth match
36.3data as a report under this section. The agency may use either a family assessment or
36.4investigation to determine whether the child is safe. All of the provisions of this section
36.5apply. If the child is determined to be safe, the agency shall consult with the county
36.6attorney to determine the appropriateness of filing a petition alleging the child is in need
36.7of protection or services under section 260C.007, subdivision 6, clause (16), in order to
36.8deliver needed services. If the child is determined not to be safe, the agency and the county
36.9attorney shall take appropriate action as required under section 260C.503, subdivision 2.
36.10    (p) Persons who conduct assessments or investigations under this section shall take
36.11into account accepted child-rearing practices of the culture in which a child participates
36.12and accepted teacher discipline practices, which are not injurious to the child's health,
36.13welfare, and safety.
36.14    (q) "Accidental" means a sudden, not reasonably foreseeable, and unexpected
36.15occurrence or event which:
36.16    (1) is not likely to occur and could not have been prevented by exercise of due
36.17care; and
36.18    (2) if occurring while a child is receiving services from a facility, happens when the
36.19facility and the employee or person providing services in the facility are in compliance
36.20with the laws and rules relevant to the occurrence or event.
36.21(r) "Nonmaltreatment mistake" means:
36.22(1) at the time of the incident, the individual was performing duties identified in the
36.23center's child care program plan required under Minnesota Rules, part 9503.0045;
36.24(2) the individual has not been determined responsible for a similar incident that
36.25resulted in a finding of maltreatment for at least seven years;
36.26(3) the individual has not been determined to have committed a similar
36.27nonmaltreatment mistake under this paragraph for at least four years;
36.28(4) any injury to a child resulting from the incident, if treated, is treated only with
36.29remedies that are available over the counter, whether ordered by a medical professional or
36.30not; and
36.31(5) except for the period when the incident occurred, the facility and the individual
36.32providing services were both in compliance with all licensing requirements relevant to the
36.33incident.
36.34This definition only applies to child care centers licensed under Minnesota
36.35Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of
37.1substantiated maltreatment by the individual, the commissioner of human services shall
37.2determine that a nonmaltreatment mistake was made by the individual.

37.3    Sec. 33. Minnesota Statutes 2013 Supplement, section 626.556, subdivision 7, is
37.4amended to read:
37.5    Subd. 7. Report; information provided to parent. (a) An oral report shall be made
37.6immediately by telephone or otherwise. An oral report made by a person required under
37.7subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and
37.8holidays, by a report in writing to the appropriate police department, the county sheriff, the
37.9agency responsible for assessing or investigating the report, or the local welfare agency,
37.10unless the appropriate agency has informed the reporter that the oral information does not
37.11constitute a report under subdivision 10. The local welfare agency shall determine if the
37.12report is accepted for an assessment or investigation as soon as possible but in no event
37.13longer than 24 hours after the report is received.
37.14    (b) Any report shall be of sufficient content to identify the child, any person believed
37.15to be responsible for the abuse or neglect of the child if the person is known, the nature
37.16and extent of the abuse or neglect and the name and address of the reporter. If requested,
37.17the local welfare agency or the agency responsible for assessing or investigating the report
37.18shall inform the reporter within ten days after the report is made, either orally or in writing,
37.19whether the report was accepted for assessment or investigation. The local welfare agency,
37.20agency responsible for assessing or investigating the report, police department, or the
37.21county sheriff shall accept a report made under subdivision 3 notwithstanding refusal by a
37.22voluntary reporter to provide the reporter's name or address as long as the report is otherwise
37.23sufficient under this paragraph. Written reports received by a police department or the
37.24county sheriff shall be forwarded immediately to the local welfare agency or the agency
37.25responsible for assessing or investigating the report. The police department or the county
37.26sheriff may keep copies of reports received by them. Copies of written reports received by
37.27a local welfare department or the agency responsible for assessing or investigating the
37.28report shall be forwarded immediately to the local police department or the county sheriff.
37.29(c) When requested, the agency responsible for assessing or investigating a report
37.30shall inform the reporter within ten days after the report was made, either orally or in
37.31writing, whether the report was accepted or not. If the responsible agency determines the
37.32report does not constitute a report under this section, the agency shall advise the reporter
37.33the report was screened out. A screened-out report must not be used for any purpose other
37.34than making an offer of social services to the subjects of the screened-out report.
38.1(b) (d) Notwithstanding paragraph (a), the commissioner of education must inform
38.2the parent, guardian, or legal custodian of the child who is the subject of a report of
38.3alleged maltreatment in a school facility within ten days of receiving the report, either
38.4orally or in writing, whether the commissioner is assessing or investigating the report
38.5of alleged maltreatment.
38.6    (c) (e) Regardless of whether a report is made under this subdivision, as soon as
38.7practicable after a school receives information regarding an incident that may constitute
38.8maltreatment of a child in a school facility, the school shall inform the parent, legal
38.9guardian, or custodian of the child that an incident has occurred that may constitute
38.10maltreatment of the child, when the incident occurred, and the nature of the conduct
38.11that may constitute maltreatment.
38.12    (d) (f) A written copy of a report maintained by personnel of agencies, other than
38.13welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential.
38.14An individual subject of the report may obtain access to the original report as provided
38.15by subdivision 11.

38.16    Sec. 34. Minnesota Statutes 2012, section 626.556, subdivision 11c, is amended to read:
38.17    Subd. 11c. Welfare, court services agency, and school records maintained.
38.18Notwithstanding sections 138.163 and 138.17, records maintained or records derived
38.19from reports of abuse by local welfare agencies, agencies responsible for assessing or
38.20investigating the report, court services agencies, or schools under this section shall be
38.21destroyed as provided in paragraphs (a) to (d) by the responsible authority.
38.22(a) For family assessment cases and cases where an investigation results in no
38.23determination of maltreatment or the need for child protective services, the assessment or
38.24investigation records must be maintained for a period of four years after the date of the final
38.25entry in the case record. Records under this paragraph may not be used for employment,
38.26background checks, or purposes other than to assist in future risk and safety assessments.
38.27(b) All records relating to reports which, upon investigation, indicate either
38.28maltreatment or a need for child protective services shall be maintained for at least ten
38.29years after the date of the final entry in the case record.
38.30(c) All records regarding a report of maltreatment, including any notification of intent
38.31to interview which was received by a school under subdivision 10, paragraph (d), shall be
38.32destroyed by the school when ordered to do so by the agency conducting the assessment or
38.33investigation. The agency shall order the destruction of the notification when other records
38.34relating to the report under investigation or assessment are destroyed under this subdivision.
39.1(d) Private or confidential data released to a court services agency under subdivision
39.210h must be destroyed by the court services agency when ordered to do so by the local
39.3welfare agency that released the data. The local welfare agency or agency responsible for
39.4assessing or investigating the report shall order destruction of the data when other records
39.5relating to the assessment or investigation are destroyed under this subdivision.

39.6    Sec. 35. Minnesota Statutes 2012, section 626.5561, subdivision 1, is amended to read:
39.7    Subdivision 1. Reports required. (a) Except as provided in paragraph (b), a person
39.8mandated to report under section 626.556, subdivision 3, shall immediately report to the
39.9local welfare agency if the person knows or has reason to believe that a woman is pregnant
39.10and has used a controlled substance for a nonmedical purpose during the pregnancy,
39.11including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages
39.12during the pregnancy in any way that is habitual or excessive.
39.13(b) A health care professional or a social service professional who is mandated to
39.14report under section 626.556, subdivision 3, is exempt from reporting under paragraph
39.15(a) a woman's use or consumption of tetrahydrocannabinol or alcoholic beverages
39.16during pregnancy if the professional is providing the woman with prenatal care or other
39.17healthcare services.
39.18(c) Any person may make a voluntary report if the person knows or has reason to
39.19believe that a woman is pregnant and has used a controlled substance for a nonmedical
39.20purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol, or
39.21has consumed alcoholic beverages during the pregnancy in any way that is habitual or
39.22excessive.
39.23(d) An oral report shall be made immediately by telephone or otherwise. An oral
39.24report made by a person required to report shall be followed within 72 hours, exclusive
39.25of weekends and holidays, by a report in writing to the local welfare agency. Any report
39.26shall be of sufficient content to identify the pregnant woman, the nature and extent of the
39.27use, if known, and the name and address of the reporter. The local welfare agency shall
39.28accept a report made under paragraph (c) notwithstanding refusal by a voluntary reporter
39.29to provide the reporter's name or address as long as the report is otherwise sufficient.
39.30(d) (e) For purposes of this section, "prenatal care" means the comprehensive
39.31package of medical and psychological support provided throughout the pregnancy."