1.1 A bill for an act

1.2 relating to human services; changing provisions of

1.3 certain child support services; amending Minnesota

1.4 Statutes 2004, sections 256J.08, by adding a

1.5 subdivision; 256J.09, subdivision 2; proposing coding

1.6 for new law in Minnesota Statutes, chapter 256J.

1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 Section 1. Minnesota Statutes 2004, section 256J.08, is

1.9 amended by adding a subdivision to read:

1.10 Subd. 90. NON‑PUBLIC ASSISTANCE IV‑D. A "non‑public

1.11 assistance IV‑D" child support case means a case where services

1.12 under title IV‑D of the Social Security Act, United States Code,

1.13 title 42, section 654(4), are provided to an applicant who is

1.14 eligible for child support collection and enforcement services

1.15 as defined in section 256J.091, due to the potential eligibility

1.16 for public assistance under section 256.741, if child support is

1.17 not received.

1.18 Sec. 2. Minnesota Statutes 2004, section 256J.09,

1.19 subdivision 2, is amended to read:

1.20 Subd. 2. COUNTY AGENCY RESPONSIBILITY TO PROVIDE

1.21 INFORMATION. When a person inquires about assistance, including

1.22 assistance under section 256J.091, a county agency must:

1.23 (1) explain the eligibility requirements of, and how to

1.24 apply for any assistance for which the person may be eligible;

1.25 and

1.26 (2) offer the person brochures developed or approved by the

2.1 commissioner that describe how to apply for assistance.

2.2 Sec. 3. 256J.091 NON‑PUBLIC ASSISTANCE IV‑D CHILD

2.3 SUPPORT SERVICES.

2.4 Subdivision 1. ELIGIBILITY DETERMINATION. Verification

2.5 of eligibility for non‑public assistance IV‑D child support

2.6 services is based upon an assessment by the local agency. The

2.7 public authority has a pecuniary interest when verified by a

2.8 determination of need, based on a showing that if the support

2.9 payments are not received on a regular and timely basis, the

2.10 applicant would be entitled to receive public assistance under

2.11 section 256.741.

2.12 Subd. 2. WHERE TO APPLY. An individual must apply for

2.13 non‑public assistance IV‑D child support services at the county

2.14 agency in the county where the applicant lives.

2.15 Subd. 3. SUBMITTING APPLICATION. An application under

2.16 this section must be submitted using application procedures that

2.17 conform to section 256J.09, subdivision 3.

2.18 Subd. 4. NOTICE AND VERIFICATION OF INFORMATION ON

2.19 APPLICATION. The parties must be notified of the receipt of the

2.20 application and the verification process via United States mail

2.21 at the last known address or at the address of the closest known

2.22 relative within 30 days. If no known address or relatives exist

2.23 for either parent or other custodial third party, proof of a

2.24 good faith effort by the county agency to determine an address

2.25 must be shown. The notification must also include an

2.26 explanation of the legal and administrative implications of

2.27 participation in the program. If by mistake or inadvertence the

2.28 agency fails to send the notification to the other parent, the

2.29 application is void. For the purposes of determining

2.30 eligibility, an assessment must be completed by the public

2.31 authority to verify the accuracy of all information provided by

2.32 the applicant and the non‑applicant parent. The local agency

2.33 must document the steps taken in the verification process on a

2.34 form prescribed by the commissioner. The documents must be

2.35 approved and signed by the county attorney as to form and

2.36 content before issuing the final determination. Upon completion

3.1 of the assessment, the agency must notify the parties of the

3.2 final decision, the date on which the services will become

3.3 effective, and the procedures for contesting the approval or

3.4 denial of services according to section 484.702.

3.5 Subd. 5. HEARING. Upon approval or denial of the

3.6 application and upon motion of either parent or the person

3.7 standing in loco parentis, a hearing must be granted within 30

3.8 days of notification of the application, pursuant to section

3.9 256.045, subdivision 3, for a party to contest the assessment

3.10 determination.

3.11 Subd. 6. RIGHT TO APPEAL THE APPROVAL OR DENIAL OF

3.12 APPLICATION. An applicant, the other parent, or the person

3.13 standing in loco parentis aggrieved by an action or inaction of

3.14 a county agency has a right to an appeal hearing under section

3.15 256.045, subdivision 3.

3.16 Subd. 7. REVIEW PROCESS. Recipients of services under

3.17 this section are subject to annual review for eligibility and

3.18 applicants must provide updated information as requested by the

3.19 agency. Based upon agency review, if there has been a

3.20 determination that the recipient is no longer eligible for

3.21 non‑public assistance IV‑D child support services, the agency

3.22 shall notify both parents or the person standing in loco

3.23 parentis of the change in circumstances and close the case.

3.24 Subd. 8. AGENCY DUTIES. The commissioner shall promptly

3.25 instruct all local county service agencies to review all

3.26 non‑public assistance IV‑D child support cases to ensure

3.27 compliance with eligibility under this section within a time

3.28 period prescribed by the commissioner. The local agency shall

3.29 immediately serve termination notice to all ineligible

3.30 non‑public assistance IV‑D child support cases.