Minnesota Statutes 256J.12 – Minnesota Residence
Subdivision 1.Simple residency.
To be eligible for MFIP, an assistance unit must have established residency in this state which means the assistance unit is present in the state and intends to remain here. A person who lives in this state and who entered this state with a job commitment or to seek employment in this state, whether or not that person is currently employed, meets the criteria in this subdivision.
Subd. 1a.30-day residency requirement.
Terms Used In Minnesota Statutes 256J.12
- Caregiver: means a minor child's birth or adoptive parent or parents and stepparent who live in the home with the minor child. See Minnesota Statutes 256J.08
- Family: includes :
(1) the following individuals who live together: a minor child or a group of minor children related to each other as siblings, half siblings, stepsiblings, or adoptive siblings, together with their natural, adoptive parents, stepparents, or caregiver as defined in subdivision 11; and
(2) a pregnant woman with no other children. See Minnesota Statutes 256J.08
- Home: means the primary place of residence used by a person as the base for day-to-day living and does not include locations used as mail drops. See Minnesota Statutes 256J.08
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- MFIP: means the assistance program authorized in this chapter. See Minnesota Statutes 256J.08
- MFIP assistance unit: means a group of mandatory or optional people receiving or applying for MFIP benefits together. See Minnesota Statutes 256J.08
- Migrant worker: means a person who travels away from home on a regular basis, usually with a group of other laborers, to seek employment in an agriculturally related activity. See Minnesota Statutes 256J.08
- Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
- Minor caregiver: means a person who:
(1) is under the age of 18;
(2) has never been married or otherwise legally emancipated; and
(3) is either the natural parent of a minor child living in the same household or is eligible for assistance paid to a pregnant woman. See Minnesota Statutes 256J.08
- Minor child: means a child who is living in the same home of a parent or other caregiver, is not the parent of a child in the home, and is either less than 18 years of age or is under the age of 19 years and is a full-time student in a secondary school or pursuing a full-time secondary level course of vocational or technical training designed to fit students for gainful employment. See Minnesota Statutes 256J.08
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
- Verification: means the process a county agency uses to establish the accuracy or completeness of information from an applicant, participant, third party, or other source as that information relates to program eligibility or an assistance payment. See Minnesota Statutes 256J.08
Terms Used In Minnesota Statutes 256J.12
- Caregiver: means a minor child's birth or adoptive parent or parents and stepparent who live in the home with the minor child. See Minnesota Statutes 256J.08
- Family: includes :
(1) the following individuals who live together: a minor child or a group of minor children related to each other as siblings, half siblings, stepsiblings, or adoptive siblings, together with their natural, adoptive parents, stepparents, or caregiver as defined in subdivision 11; and
(2) a pregnant woman with no other children. See Minnesota Statutes 256J.08
- Home: means the primary place of residence used by a person as the base for day-to-day living and does not include locations used as mail drops. See Minnesota Statutes 256J.08
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- MFIP: means the assistance program authorized in this chapter. See Minnesota Statutes 256J.08
- MFIP assistance unit: means a group of mandatory or optional people receiving or applying for MFIP benefits together. See Minnesota Statutes 256J.08
- Migrant worker: means a person who travels away from home on a regular basis, usually with a group of other laborers, to seek employment in an agriculturally related activity. See Minnesota Statutes 256J.08
- Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
- Minor caregiver: means a person who:
(1) is under the age of 18;
(2) has never been married or otherwise legally emancipated; and
(3) is either the natural parent of a minor child living in the same household or is eligible for assistance paid to a pregnant woman. See Minnesota Statutes 256J.08
- Minor child: means a child who is living in the same home of a parent or other caregiver, is not the parent of a child in the home, and is either less than 18 years of age or is under the age of 19 years and is a full-time student in a secondary school or pursuing a full-time secondary level course of vocational or technical training designed to fit students for gainful employment. See Minnesota Statutes 256J.08
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
- Verification: means the process a county agency uses to establish the accuracy or completeness of information from an applicant, participant, third party, or other source as that information relates to program eligibility or an assistance payment. See Minnesota Statutes 256J.08
An assistance unit is considered to have established residency in this state only when a child or caregiver has resided in this state for at least 30 consecutive days with the intention of making the person’s home here and not for any temporary purpose. The birth of a child in Minnesota to a member of the assistance unit does not automatically establish the residency in this state under this subdivision of the other members of the assistance unit. Time spent in a shelter for battered women shall count toward satisfying the 30-day residency requirement.
Subd. 2.Exceptions.
(a) A county shall waive the 30-day residency requirement where unusual hardship would result from denial of assistance.
(b) For purposes of this section, unusual hardship means an assistance unit:
(1) is without alternative shelter; or
(2) is without available resources for food.
(c) For purposes of this subdivision, the following definitions apply (1) “metropolitan statistical area” is as defined by the U.S. Census Bureau; (2) “alternative shelter” includes any shelter that is located within the metropolitan statistical area containing the county and for which the family is eligible, provided the assistance unit does not have to travel more than 20 miles to reach the shelter and has access to transportation to the shelter. Clause (2) does not apply to counties in the Minneapolis-St. Paul metropolitan statistical area.
(d) Applicants are considered to meet the residency requirement under subdivision 1a if they once resided in Minnesota and:
(1) joined the United States armed services, returned to Minnesota within 30 days of leaving the armed services, and intend to remain in Minnesota; or
(2) left to attend school in another state, paid nonresident tuition or Minnesota tuition rates under a reciprocity agreement, and returned to Minnesota within 30 days of graduation with the intent to remain in Minnesota.
(e) The 30-day residence requirement is met when:
(1) a minor child or a minor caregiver moves from another state to the residence of a relative caregiver; and
(2) the relative caregiver has resided in Minnesota for at least 30 consecutive days and:
(i) the minor caregiver applies for and receives MFIP; or
(ii) the relative caregiver applies for assistance for the minor child but does not choose to be a member of the MFIP assistance unit.
Subd. 2a.Migrant workers.
Migrant workers, as defined in section 256J.08, and their immediate families are exempt from the requirements of subdivisions 1 and 1a, provided the migrant worker provides verification that the migrant family worked in this state within the last 12 months and earned at least $1,000 in gross wages during the time the migrant worker worked in this state.
Subd. 3.
[Repealed, 1Sp2001 c 9 art 10 s 67]
Subd. 4.Severability clause.
If any subdivision in this section is enjoined from implementation or found unconstitutional by any court of competent jurisdiction, the remaining subdivisions shall remain valid and shall be given full effect.