Greene v. Commissioner of the Minnesota Department of Human Services

755 N.W.2d 713, 2008 Minn. LEXIS 484, 2008 WL 3926791
Supreme Court of Minnesota·Decided August 28, 2008·No. A06-804·Published·Cited by 45 cases

Opinions

OPINION

DIETZEN, Justice.

Buddie Greene, an enrolled member of the Minnesota Chippewa Tribe (Tribe) living off the reservation in Aitkin County, challenges the reduction of her benefits under the Minnesota Family Investment Program (MFIP). After Greene was referred to the Minnesota Chippewa Tribe for employment services, she requested that she receive employment services through the County, and failed to participate in the tribal program. As a result, Greene’s cash benefits were reduced. Following an administrative hearing, the Commissioner of the Minnesota Department of Human Services (Commissioner) upheld the reduction of Greene’s cash benefits. The district court affirmed the Commissioner’s decision. On appeal, Greene argued that (1) the Commissioner improperly interpreted Minn.Stat. [717] § 256J.645 (2006) to require her to receive employment services through the Minnesota Chippewa Tribe; and (2) section 256J.645 violates her rights to equal protection under the United States and Minnesota Constitutions. The court of appeals affirmed in a 2-1 decision. Greene v. Comm’r of Minn. Dep’t of Human Servs., 733 N.W.2d 490 (Minn.App.2007). We granted review and affirm.

A. Regulatory Framework

This appeal concerns the administration of the Minnesota Family Investment Program by respondents Commissioner of the Minnesota Department of Human Services and Aitkin County Health and Human Services (County). MFIP is an economic support program for low-income families with children. See Minn.Stat. §§ 256J.001-.95 (2006). The program provides many forms of support to families in need, including financial assistance, food support, child care assistance, and employment services.

1. Personal Responsibility & Work Opportunity Act

MFIP is Minnesota’s response to the Personal Responsibility & Work Opportunity Reconciliation Act of 1996 (PRWORA), which created Temporary Assistance for Needy Families (TANF), a federal block grant program replacing the Aid to Families with Dependent Children (AFDC) program. Pub.L. No. 104-193, 110 Stat. 2105 (1996) (codified as amended in scattered sections of 42 U.S.C.). PRWORA made sweeping changes to federal welfare policy “by promoting job preparation, work, and marriage,” 42 U.S.C. § 601(a) (2000), and by imposing a 60-month lifetime limit on assistance, 42 U.S.C. § 608(a)(7) (2000). PRWORA was intended “to increase the flexibility of States” in operating welfare programs by shifting responsibility for the administration of the programs to the states. 42 U.S.C. § 601(a).

State TANF programs are funded with both state and federal money. The TANF block grant from the federal government has an annual cost-sharing requirement for states. 42 U.S.C. § 603 (2000). States must spend the money to help eligible families in ways consistent with the TANF program. See id.; 42 U.S.C. §§ 604, 607-08 (2000).1

Under PRWORA, federally recognized Indian tribes are eligible to create and administer their own TANF programs. 42 U.S.C. § 612 (2000). If a tribal plan is approved by the United States Department of Health and Human Services, the tribe receives federal funds out of the state’s federal TANF block grant allocation. 42 U.S.C. § 612(a)(1)(A). Like states, tribes may use their TANF funding in any manner reasonably calculated to accomplish the purposes of TANF, but tribal TANF programs have more flexibility. See 42 U.S.C. § 612(a)(3)(C)(ii). Tribes generally are allowed to determine their own TANF eligibility criteria, work participation requirements, benefit standards, service populations, and sanctions for noncompliance. U.S. Gen. Accounting Office, Welfare Reform: Tribal TANF Allows Flexibility to Tailor Programs, but Conditions on Reservation Make It Difficult to Move Recipients into Jobs 5, 24-31 (2002).

PRWORA broke new ground by providing federally recognized Indian tribes with [718] the opportunity to create and administer their own welfare programs. Under AFDC, tribal members had to enroll in state welfare programs. U.S. Gen. Accounting Office, supra, at 4. Some tribal organizations heralded PRWORA as “the United States Government’s strongest recognition yet of Indian sovereignty.” Pam Belluck, Tribes’ New Power Over Welfare May Come at Too High a Price, N.Y. Times, Sept. 9, 1997, at Al. PRWORA does not require states to contribute money or other support to tribal programs in their states. As a result, many tribes, including the Minnesota Chippewa Tribe, have not set up their own TANF programs. Id.2 PRWORA ensures, nonetheless, that states provide assistance to tribal members who are not eligible to participate in a tribal TANF program. See 42 U.S.C. § 602(a)(5) (2000) (requiring states to provide each member of an Indian tribe, who is not eligible for assistance under a tribal TANF program, “with equitable access to assistance under the State program”).

2. Minnesota Family Investment Program

In 1997, Minnesota enacted legislation to implement the requirements of TANF. Act of Apr. 30, 1997, ch. 85, art. 1, 1997 Minn. Laws 499, 499-587 (codified at Minn. Stat. ch. 256J (1998)). One provision requires county governments to “cooperate with tribal governments in the implementation of MFIP.” MinmStat. § 256J.315. This cooperation includes “the sharing of MFIP duties,” such as “initial screening, orientation, assessments, and provision of employment and training services.” Id. The statute further provides that county agencies “shall encourage tribal governments to assume duties related to MFIP and shall work cooperatively with tribes that have assumed responsibility for a portion of the MFIP program to expand tribal responsibilities, if that expansion is requested by the tribe.” Id.

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Greene v. Commissioner of the Minnesota Department of Human Services, 755 N.W.2d 713, 2008 Minn. LEXIS 484, 2008 WL 3926791 (Mich. 2008).

755 N.W.2d 713 (Greene v. Commissioner of the Minnesota Department of Human Services) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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